December 2011 Archives

December 30, 2011

Certified Translation and International Legal Issues Related to Cloud Computing

Professional certified translation services play an important role in multilingual e-Discovery and cross-border eDiscovery. Despite the many benefits that cloud computing offers, it also creates numerous risks for its users - namely in terms of security, performance, service availability, contractual remedies, etc. Although traditional IT outsourcing also comes with similar risk, the difference between the legal risks of the traditional and cloud computing is in the 'where'.

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December 28, 2011

Certified Legal Translation and New ICC Arbitration Rules Coming into Effect January 1st, 2012

We've blogged about the role of certified legal interpreters and legal translators in international dispute resolution and international law, and about attorney ethics in multilingual arbitration proceedings.

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December 23, 2011

Legal Translation Online, Certified Pharmaceutical Translations and Navigating the Inconsistencies in International Labeling Requirements

We've blogged about the need for professional certified translation services of product warning labels, as well as professional translation of "Made in USA" labels. In the US, the Food and Drug Administration has strict labeling requirements for many products, like cosmetics, for example. And just as the US has its own specific requirements, so do nearly every other country on the planet.

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December 22, 2011

Global Legal Translation Solutions and the Issue of Invalidated Trademarks

We've blogged about trademark translation services in the context of trademark applicant's bona fide intent to use, as well as legal translation and legal interpreting solutions in view of China's copyright laws.

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December 21, 2011

Worldwide Legal Translation and Tips for Complying with the Foreign Corrupt Practices Act

Multilingual legal translation and professional legal interpretation services play an important role in the FCPA compliance issues. The Foreign Corrupt Practices Act (FCPA) is a federal anti-bribery statute that prohibits US individuals and US companies, their subsidiaries, personnel, shareholders and agents from paying, offering, or promising to pay anything of value to foreign officials - either directly or indirectly, for the purpose of obtaining or retaining business. As explained in an earlier Translation for Lawyers blog post, the FCPA is vague on definitions. To ensure that you and your company remain compliant, here are some tips:

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December 20, 2011

Legal Language Services and Issues with the Foreign Corrupt Practices Act

We've blogged about FCPA translation and multilingual legal interpretation services for corporate legal departments and attorneys. Last spring, the US Department of Justice convicted its first corporate defendant under the auspices of the Foreign Corrupt Practices Act (FCPA) - the country's toughest anti-bribery law. However, that conviction - and many since - have been tarnished with embarrassing mistakes and mistrials - leading many to believe that the DOJ is trying to push the FCPAs jurisdiction too far. Although the FCPA has been on the books for awhile, it is only recently that it is being used regularly - leading such advocacy organizations as the US Chamber of Commerce to complain that it is actually impeding US company's ability to compete in the global marketplace.

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December 12, 2011

Legal Translators and Legal Interpreters for Attorneys, and Trends in Child Relocation

Certified legal translators and court-certified interpreters are routinely utilized in international and domestic family law cases and in international child custody cases. A recent, unreported case out of Virginia highlights the approach many courts are taking towards child relocation when one parent lives in a foreign country. Gudino v. Gudino (Record No. 0068-11-2, November 1, 2011). In the case, the Court of Appeals affirmed the lower court's decision to award custody to the father, who was residing in Japan.

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December 8, 2011

Certified Legal Language Services and International Mass Tort Litigation

We've blogged about multilingual legal translation and interpretation services in the context of corporate and legal translations in alien tort statute cases, and about legal language services in cases involving tortuous interference with a contractual relationship. Mass tort lawsuits are never easy to settle, and become all the more difficult when occurring in an international setting. One issue of particular contention is conflict of interest rules. In one particular case, various groups of freelance writers from around the world brought a class action suit for copyright infringement against major publishers. In this particular case, the class action was rejected on the grounds of inadequate representation of one subclass. However, there is question on whether the decision applies only to a formal class action suit or to any case involving mass torts.

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December 2, 2011

Certified Legal Translation, Third Party Contracts and China

We've blogged about corporate translation services, professional legal translation of employment contracts, pre-invention contracts and the right to title and prenuptial agreements. A third party contract is a common occurrence when doing business in China. According to Chinese law, this term covers any contact in which a third party is added to perform an obligation or a part of a contact. Although in the West this is often termed 'subcontracting', in China it is a very unique concept with very unique obligations attached - specifically the responsibility to uphold all of your obligations.


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December 1, 2011

Certified Legal Translation, Professional Chinese Translations and Contract Performance in China

We've blogged about the importance of professional English-Chinese and Chinese-English translation services to obtain certified translations of English-Chinese license agreements. The key to drafting a good contract is to clearly detail everything in writing and in a manner that all obligations and responsibilities are clear and obvious to all participating parties. When dealing with a contract in China, this means using a foreign language translation during all stages of the contract negotiation and drafting.

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