May 8, 2008

Foreign Language Translation and International Accounting Litigation

Like many professional specialties – including the law, computer science and medicine – the field of accounting has many terms that are particular to the accounting profession. Although people within the accounting field understand these trade terms, these terms often do not translate easily outside the profession. This is particularly true when accounting documents need to be translated into a foreign language for transnational and cross-border accounting litigation.

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April 4, 2008

Challenging Unfavorable Ruling Resulting from Unethical Use of Foreign Language Documentary Evidence

Irrespective of the availability of foreign language legal document translations, various issues may come up in the context of foreign language evidence. What happens if an opposing party uses a foreign language document in an unethical manner and receives a favorable judgment because of it? Can the ruling be challenged, based on the unethical use of the document? If so, what is the standard of review?

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March 28, 2008

Language Translation and Ethical Issues of Filing Privileged Foreign Language Documents: The Receiving Attorney’s Side

Sometimes during multilingual discovery an attorney will inadvertently file a privileged document. This can happen with foreign language documents, especially when the English translation is not available. When this occurs, the receiving attorney has various ethical obligations as to how to handle the filing. However, every state has very different approaches to what these ethical obligations are.

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March 19, 2008

Interpreted Depositions, Attorney Ethics and Bad Behavior Towards Foreign Language Speakers

In “Lawyer’s Guide to Cross-Cultural Depositions” we talked about the importance of establishing a rapport between a deposing attorney and a non-English-speaking deponent to help overcome the deponent’s mistrust and defensiveness. However, building respect when deposing a foreign-born witness is not even a consideration during hostile depositions where the witness speaks a foreign language. In fact, some deposing attorneys have been known to act rudely towards a foreign language speaker during a deposition involving a foreign language deposition interpreter. But whether or not an attorney’s rude behavior towards a foreign language speaker during a deposition is considered unethical behavior is a question the courts continue to struggle with.

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February 9, 2008

Don't Let Your Foreign Clients Skimp on Professional Translation Services, Or Why It's Important to Translate "Comp-Store Sales" into Chinese

Clear communication across foreign language barriers is critical for success of any international
venture, and is as important, as the accurate courtroom translation. It becomes even more important during conference calls between the English-speaking investors and the Chinese-speaking managers of the company they invest in. Always advise your international clients- public and private companies- to invest in professional translation and interpreting services- to safeguard their company's reputation and brand, to promote goodwill among culturally diverse investors, and to protect their company’s bottom line.


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February 5, 2008

Foreign Language Certified Translation, Foreign Language Depositions and Discovery Tips

When dealing with a foreign party during transnational litigation, the discovery and deposition process is often more tedious than it is when dealt with domestically. When conducting multilingual foreign language discovery and cross-cultural depositions requiring professional foreign language translation and interpreting services, keep these tips in mind:

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January 24, 2008

Foreign Language Translation & the Consequences of Preserving or Erasing Foreign Language Electronically Stored Information from a Work Computer

The management of electronically stored information (ESI) created and/ or stored on a company’s computers presents challenges, when such data is in a foreign language. And I am not talking about the challenges related to foreign language translation of the electronically stored information during discovery, also known as foreign language e-Discovery.

Rather, I’m talking about the decision to either preserve or erase multilingual ESI on a work-owned computer, which can have significant legal consequences for both the employer and the employee, if the need to produce foreign language evidence later were to come up in litigation.

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January 17, 2008

Deposition Interpretation Services in a Foreign Deposition in U.S. Federal Cases

During a U.S. federal case, an attorney will often be required to take a deposition in a foreign country. Such foreign depositions, or cross-cultural depositions, if you will, often involve non-English-speaking witnesses and require services of professional foreign language court interpreters, fluent in the deponents' languages.

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January 5, 2008

Professional Translation Tips on Managing Large Scale Foreign Language Discovery

With the increasing reliance on e-Discovery, practicing attorneys are finding themselves involved in ever-growing amounts of discovery documents. As more and more contracts and business partnerships involve cross-border arrangements, much of this discovery is foreign language discovery. Trying to manage and organize this foreign language discovery can be a daunting task. However, by keeping a few simple pointers in mind, large-scale foreign language discovery can go from being a big mess to a beneficial and well organized negotiating and litigation tool.

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December 26, 2007

Challenging Computer Generated Foreign Language Translations

As more companies are offering automated translation software programs (also known as "automatic translation", or as "machine translation") that provide foreign language translations aimed at doing away with the need for competent human language translations, done by professional translators, the issue of this evidence’s admissibility is a rather new question of law.


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July 21, 2007

Are Your Gambling with Your Law Firm’s Document Translation Needs?

Is your law firm or legal department working with a professional document translation service? Will the translated documents stand up in court? Have you made sure that your evidentiary documents are being translated professionally, or are they riddled with mistranslations and inconsistencies? Are your attorneys relying on automatic translation, or translation software, or on their own bilingual skills?

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