Recently in Litigation Interpreters Category

May 17, 2012

Online Legal Translations for Arbitral Panels and International Tribunals

We've blogged about multilingual legal translation services of foreign-language evidence in the context of in the context of international litigation. 28 USC ยง 1782 - Assistance to foreign and international tribunals and to litigants before such tribunals- authorizes federal courts to order discovery in aid of proceedings before foreign courts and international tribunals.

However, the question of what constitutes an international tribunal is anything but straightforward.

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May 2, 2012

Multilingual Legal Translation Services and Compelled Speech in the Workplace

We've blogged about legal translation and multilingual deposition interpreting services in the context of the EEOC guidelines that recognize two classes of English-only rules. From one point of view, the cultural tolerance requirements of the EEOC could be viewed as a form of compelled speech - and courts have traditionally shown hostility towards any form of directly compelled expression.


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April 30, 2012

Legal Translating Services and Foreign Languages in the Workplace: The EEOC Guidelines

We've blogged about legal translation services and the scope of the U.S. employment discrimination laws in international settings. When it comes to the use of a foreign language in the workplace, there is often a conflict between the employee's desire to communicate in their native language and the employer's desire to operate in a single language environment. When such clashes cannot get resolves, one turns to the EEOC. The EEOC's approach is to essentially strike a compromise between an employer's interests in efficient business operations while still granting cultural rights to employees in limited circumstances. So where's the line?

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April 4, 2012

Legal Language Interpreters and Legal Document Translators - Another Look at Taniguchi v. Kan Pacific Saipan, LTD

Compensation for court document translations, as mentioned in a previous legal translation blog post, and the Supreme Court's decision in Taniguchi v. Kan Pacific Saipan, LTD will have far reaching effects. Let's take a closer look at what's at stake.

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March 30, 2012

Multi-Language Legal Language Translations and Protecting Privilege with Foreign Language Interpreters

Professional legal translators and court interpreters play an important role not only in cross-cultural court depositions but also in pre-deposition meetings and attorney-client conferences. The legal concept of privilege is at the foundation of the legal system - and also an area ripe for malpractice suits.

Needless to say, attorneys are often cautious when allowing any third party to provide legal document translation and legal interpretation services. Yet when dealing with a client who is a non-native English speaker, bringing in a foreign language interpreter is a necessity. In fact, failure to do so could constitute malpractice!

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March 19, 2012

Court Document Translation and Court Interpretation- Compensation Issues in Light of Taniguchi v. Kan Pacific Saipan, LTD

We've blogged about litigation translation and interpreting services and address the issue of which party pays for the foreign document disclosure. On February 21, 2012, the US Supreme Court heard oral arguments on the case Taniguchi v. Kan Pacific Saipan, LTD (on appeal from the US Court of Appeals for the Ninth Circuit). This case is of interest because it deals directly with the issue of compensation for foreign language interpreters and foreign language document translations.

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March 14, 2012

Online and Onsite Translating Service, International Divorces and Trust Property in Multiple Jurisdictions

Foreign language interpreters and professional document translators are often utilized in international matrimonial cases. When a divorce client comes to your office and has potential jurisdictional ties to more than one country, several initial issues must be discussed. Which jurisdiction offers the best potential outcome on issues such as grounds and child custody? And how does each potential jurisdiction treat trust property? Of course, sometimes in order to make these determinations a foreign language translation of foreign laws will be required, here's a general overview:

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March 12, 2012

Certified Legal Document Translations and Alien Torts Act Update

Professional legal document translating and legal interpreting service play an important role in complying with the Foreign Corrupt Practices Act, and multilingual language support services come in handy with defending and prosecuting FCPA cases.

The US Supreme Court last week heard oral arguments on the Kiobel v. Royal Dutch Petroleum Company. The issue being heard is whether or not the Alien Tort Act allows foreign plaintiffs to sue US corporations for certain human rights violations. However, upon oral arguments, the questioning veered towards the broader question of whether the United States Courts could even hear human rights cases when the alleged abuses occurred outside the United States.

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February 24, 2012

Multilingual E-Discovery Translation Services and Victor Stanley II

When dealing with e-discovery in a foreign language, a professional foreign language translation needs to be used even before an attorney will be able to judge the evidence's probative value. In the 2010 case Victor Stanley, Inc. v. Creative Pipe, Inc., 269 F. R.D. 497 (D. Md. Sept. 9, 2010), the court ruled that "the duty to preserve is an obligation owed to the court, not to the adverse party". Specifically, the ruling stated:

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February 20, 2012

Legal Document Translation Services, Social Media and Attorney Ethics

We've blogged about legal document translation services, employment law and social media. Social networks can be a double edged sword for monolingual and multilingual attorneys - there are many benefits but also many areas that may raise ethical issues. For example, when one is using a social network like LinkedIn, can a judge and a lawyer become 'linked'?

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February 7, 2012

Legal Document Translations, Social Media and Employment Law

We've blogged about website translation service in the context of social media and about multilingual professional translation services to obtain certified document translation of multilingual evidence. With the rise in social media, new questions regarding its role in the workplace arise - particularly as to where it fits into world of employment law. Specifically, is the use of social media covered by existing legislation?

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February 1, 2012

Website Translation Services, Social Media and the Discovery Process

Professional foreign language document translations and language interpreting services play an important role during discovery stage of litigation. We've discussed certified document translation services of the evidence found in social media.

There is no doubt that an attorney wishing to obtain evidence located on a private social media platform has the right to seek such evidence via the formal discovery process. In fact, numerous courts have ruled that such a practice is allowed so long as the discovery demand is made in good faith and is in line with the Federal Rules of Civil Procedure (and related laws and rules).


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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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September 20, 2011

Certified Legal Translation, the Rules of Evidence and Authenticating Non-US Records

We've blogged about multilingual certified legal translation services and authenticating foreign website evidence. Federal Rules of Evidence 901 and 902 govern the authentication of records. Accordingly, before a document can be admitted, the offering party must demonstrate that the document is authentic. The rules generally allow authentication to occur through the sworn testimony of a witness having knowledge or expert opinion on the document.

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August 31, 2011

Certified Legal Translation Services - Japan Poised to Join Hague Convention

We've blogged about multilingual legal translation and professional interpretation services in the context of a parent's right to custody in international family law cases. Japan recently announced its intention to join the Hague Abduction Convention, a central piece of international law regarding family and child rights. Currently, the process is in legislative subcommittee and is expected to be enacted into law next year.

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