May 14, 2008

Document Translation, Attorney-Client Privilege and Foreign Companies in U.S. Courts

Earlier we blogged about the role of foreign language translation in transnational litigation. When a foreign company is involved in U.S. litigation, regardless of whether it is against a U.S. company or not, there are several important factors to keep in mind. As an attorney representing the foreign company, of particular interest is the extent of attorney-client privilege. As both the U.S. and foreign country’s Code of Civil Procedure may apply – knowing when communications are privileged and to whom this privilege extends to is essential.

Continue reading "Document Translation, Attorney-Client Privilege and Foreign Companies in U.S. Courts " »

May 12, 2008

Language Translation and Interpreting Issues- Standards of Review when Challenging Ability to Communicate with Court

A non-English-speaking defendant’s inability to communicate with the court can lead to an appeal related to foreign language translation and court interpreting issues. As the majority of jurisdictions mandate that a foreign language speaker be able to use a foreign language court interpreter in order to communicate with – and understand – the court, an appeal will be based on some issue related to the lack of or adequacy of the foreign language translation.

Continue reading "Language Translation and Interpreting Issues- Standards of Review when Challenging Ability to Communicate with Court" »

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.

Continue reading "Foreign Language Translation and International Accounting Litigation" »

May 6, 2008

Determining the Unavailability of Foreign Language Translator/ Interpreter to Provide Expert Witness Testimony in Person- Telephonic Evidence

Earlier we blogged about the admissibility of the telephonic expert witness testimony by a foreign language translator/ court interpreter. One key factor in a court’s decision to allow telephonic testimony is whether or not the witness is available. Thus, in order to admit foreign language translator testimony via telephone, a party must sufficiently demonstrate that in fact the foreign language translator/ interpreter is “truly unavailable”.

Continue reading "Determining the Unavailability of Foreign Language Translator/ Interpreter to Provide Expert Witness Testimony in Person- Telephonic Evidence" »

May 4, 2008

Admissibility of Telephonic Expert Witness Testimony by Foreign Language Translator/ Court Interpreter

Although sometimes admissible, the use of telephonic expert witness testimony given by a foreign language translator or court interpreter is highly disfavored by the courts. In general, the courts are likely to apply the same standards of admissibility of telephonic testimony by a foreign language translator/ interpreter as they would to any type of telephonic testimony.

Continue reading "Admissibility of Telephonic Expert Witness Testimony by Foreign Language Translator/ Court Interpreter" »

April 28, 2008

Document Translation, Trade Marks and the Doctrine of Foreign Equivalents

Language translation issues often come up in the context of foreign language words in trademarks. In a case involving vodka, the TTAB clarified its definition of the Doctrine of Equivalents by refusing to register the mark Moskovskaya. The central issue was the definition of “the ordinary American purchaser” in reference to the applied for mark.

Continue reading "Document Translation, Trade Marks and the Doctrine of Foreign Equivalents" »

April 24, 2008

Translations, FTC and Foreign Language Complaints

Translation issues often come up in the context of FTC hearings. As the Fair Trade Commission (FTC) handles many cases involving foreign language elements, it has developed specific rules to govern its hearing. All cases involving “foreign elements” – or matters where the complainant, respondent, investigated party, applicant or party requesting official interpretation of the law is a foreign enterprise – are governed by these guidelines.

Continue reading "Translations, FTC and Foreign Language Complaints" »

April 18, 2008

Translating Multilingual Language Documents during e-Discovery

The debate regarding human foreign language translation versus machine-based foreign language translation during foreign language electronic discovery is one that may never be decided. However, one issue that is rarely thrown into the mix is how these two approaches handle translation of mixed language documents, i.e. documents written in more than one foreign language.

Continue reading "Translating Multilingual Language Documents during e-Discovery" »

April 16, 2008

Language Translation and Contract Interpretation: Foreign Language as Trade Use Evidence

Depending on the quality of the original, source text, foreign language translations may sometimes be perceived as ambiguous. According to the Law of Contracts, one method for interpreting the terms of an ambiguously written contract is to look at any terms of trade used within the document. This refers to any terminology that has a special meaning within a given trade that is the subject of the contract. However, this can become an even more complicated task when the terms of trade are in a foreign language.

Continue reading "Language Translation and Contract Interpretation: Foreign Language as Trade Use Evidence" »

April 11, 2008

Language Translations and Registering a Foreign Language Trademark

When applying for a trademark that contains a foreign language term or word, certain issues as to the meaning of the term may arise. This may become an obstacle to successfully obtaining the trademark when the foreign language term has different meanings in different cultures.

Continue reading "Language Translations and Registering a Foreign Language Trademark" »

April 9, 2008

Language Translation and Validity of Real Estate Transactions Conducted in a Foreign Language

We’ve already blogged about foreign language translations in the context of reverse mortgage loans. But when it comes to foreign language translation in the context of real estate transactions, it helps to remember that there are two basic steps in conducting a valid real estate transaction – creating a valid deed and properly filing the deed. More so, each step may be affected when a foreign language real estate deed is involved.

Continue reading "Language Translation and Validity of Real Estate Transactions Conducted in a Foreign Language" »

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?

Continue reading "Challenging Unfavorable Ruling Resulting from Unethical Use of Foreign Language Documentary Evidence" »