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.

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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.

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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 25, 2008

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

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.

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February 20, 2008

Professional Translation Services & Gestational Surrogacy Contract

Professional translation services, which embrace legal document translation and courtroom translation, come in handy when dealing with many potential points of litigation. Take, for instance, a gestational surrogacy agreement. Issues can arise in a surrogacy arrangement when the parties do not speak the same language.

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February 17, 2008

Expert Foreign Language Document Translations Hinder Adoption Fraud

Foreign language document translation plays an important role in international adoptions. According to many adoption laws, such as the law in the State of Virginia, a parent cannot bring a collateral action asserting extrinsic fraud in order to set aside an adoption after six months from the date the adoption has passed. However, at least one Court of Appeals has held this type of statute to be unconstitutional when applied to a foreign language speaker. And the lack of foreign language document translation was the deciding factor in that case.

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January 31, 2008

Foreign Language Certified Document Translations Essential for Class Certification under Rule 23(c)(2)

Foreign language translations play an important role in cross-border securities and debt litigation. When foreign investors are involved in a class action against a U.S. company, Rule 23(b)(3) comes into play.

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January 30, 2008

Cross-Border Litigation Increases the Need for Professional Foreign Language Legal Translation Services

As securities-fraud lawsuits go global, the need for professional foreign language live, print, and written translation services is on the rise. Late last year the United States District Court for the District of New Jersey entered a ruling that essentially excludes all non-U.S. purchasers of Shell securities from becoming a party in a class action lawsuit for security fraud filed in the United States.

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January 23, 2008

Certified Foreign Language Translation and the Sarbanes-Oxley Act of 2002

Foreign language translation plays an important part in the internal and external investigations and in litigation under the Sarbanes-Oxley Act of 2002. The Sarbanes-Oxley Act of 2002 was passed to combat incidences of white collar crime, particularly in the realm of corporate accounting. One of the main components that came out of the Sarbanes-Oxley Act was protection for whistleblowers and safe ways for them to report fraudulent actions.

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January 9, 2008

Certified Translation of Foreign Laws and Wills, and the Law of Trusts and Estates when Foreign Real Estate is Involved

As more and more people invest in foreign real estate, the legal question of what happens to that property during the probate process is struggling for an answer. The issue is complicated by the laws of the jurisdiction where the property is located, where the will is made and probate occurs, as well as by tax planning considerations. And that's where certified translation of foreign laws and translation of foreign wills comes in handy.

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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 23, 2007

Court Interpreters in Debriefings, Proffer Sessions, and Judicial Proceedings Instituted by the United States

The Court Interpreter's Act states that a qualified interpreter shall be provided at "judicial proceeding instituted by the United States." The statute refers to all proceedings, whether criminal or civil, including pretrial and grand jury proceedings (as well as proceedings upon a petition for a writ of habeas corpus initiated in the name of the United States by a relator) conducted in, or pursuant to the lawful authority and jurisdiction of a United States district court. (28 U.S.C. § 1827(j)).

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December 22, 2007

Translation of Court Documents in Judicial Proceedings Instituted by the United States

Translation of court documents into the languages of non-English-speaking defendants plays an important role in federal criminal cases, and in the process of courtroom translation at large. It is common to provide every non-English speaking defendant with a translation of the Indictment.

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