Translation For Lawyers

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

Wed, 14 May 2008 07:57:29 -0700

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.

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

Mon, 12 May 2008 01:46:25 -0700

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.

Foreign Language Translation and International Accounting Litigation

Thu, 08 May 2008 09:07:47 -0700

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.

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

Tue, 06 May 2008 10:00:00 -0700

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”.

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

Sun, 04 May 2008 10:05:44 -0700

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.

Document Translation, Trade Marks and the Doctrine of Foreign Equivalents

Mon, 28 Apr 2008 10:01:28 -0700

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.

Translations, FTC and Foreign Language Complaints

Thu, 24 Apr 2008 08:49:55 -0700

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.

Translating Multilingual Language Documents during e-Discovery

Fri, 18 Apr 2008 13:57:59 -0700

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.

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

Wed, 16 Apr 2008 11:55:04 -0700

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.

Language Translations and Registering a Foreign Language Trademark

Fri, 11 Apr 2008 07:41:35 -0700

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.

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

Wed, 09 Apr 2008 16:42:59 -0700

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.

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

Fri, 04 Apr 2008 10:31:52 -0700

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?

Pharmaceutical Translations and the European Union’s Fast Track Approval Process for US Pharmaceuticals

Tue, 01 Apr 2008 14:10:52 -0700

Recently the European Union issued a new, fast-track review process for approving foreign made pharmaceuticals to be sold in the European Union. Since the European Union operates under numerous languages, it is important that any application for pharmaceutical approval under the EMEA fast-track system be submitted with the proper foreign language translations. This becomes particularly important when trying to demonstrate the unmet need or improvement requirement under the Accelerated Assessment Procedure.

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

Fri, 28 Mar 2008 12:28:52 -0700

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.

Legal Document Translations, and Ethical Issues of Filing Privileged Foreign Language Documents: The Filing Attorney’s Side

Tue, 25 Mar 2008 15:48:44 -0700

In the absence of English translation of foreign language documents filing mistakes can happen. During multilingual e-Discovery it is conceivable that privileged foreign language documents can be made available to the receiving party. Regardless of whether it is done inadvertently or on purpose, when privileged documents are disclosed during discovery, ethical issues not only rise for the receiving party but also for the disclosing party.