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.

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April 1, 2008

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

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.


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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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March 17, 2008

Legal Document Translation, and Waiving Liability in a Foreign Language

Foreign language translations play an important role in insurance law, as well as in domestic and in cross-border litigation. It’s not uncommon for an insured party to receive a reservation of rights letter from one’s insurer. Similarly, a limitation of liability coverage is a standard clause in insurance agreements and other business contracts. However, just because they are there and the client signed on the dotted line does not mean they are enforceable. That is especially true when the insured speaks a foreign language, and is not fluent in English.

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March 13, 2008

Foreign Language Translators and Competent Representation of Non-English-Speaking Clients

Earlier we’ve blogged about the ethical challenges for bilingual attorneys who attempt to provide translation and interpretation services to their foreign-born clients. Numerous ethical questions may arise in the opposite situation as well, when an English-speaking attorney, who doesn't speak the client's language, represents a non-English-speaking client.

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March 10, 2008

Professional Language Translation Services and Consumer Protection

Language barriers often create confusion in the minds of non-English-speaking consumers. Professional translation services ensure effective communication across language and cultural barriers. Take document translation in the context of the Federal Deposit Insurance Corporation, or FDIC, for instance. It was enacted, in part, to provide protection to consumers in such areas as electronic fund transfers (See Part 205).

According to FDIC regulations, various corporations are required to disclose specified information to consumers. For example, the purpose of the Electronic Fund Transfer Act is to protect individual consumers engaging in electronic fund transfers (Sec. 205.1). When it comes to required disclosures, the FDIC requires all disclosures to be “clear and readily understandable, in writing, and in a form the consumer may keep”. This requirement seems straightforward until the issue of foreign language becomes involved.

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March 7, 2008

Foreign Language Translation and Reverse Mortgage Loans

Earlier we blogged about how legal document translations protect foreign language-speaking Californians. Similarly to California Code section 1632, California has also adopted an analogous law to protect foreign language speakers from fraudulent lending schemes occurring in the mortgage industry. According to SB 1609, the general requirements for foreign language translations of contractual agreements found in Code section 1632 also apply to reverse mortgage transactions. Thus, according to the terms of 1609, a foreign language translation of the reverse mortgage contract must be provided in the language, in which the reverse mortgage is primarily negotiated.

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March 3, 2008

Wiretap Translation, Drug Slang Evidence Translation, and Professional Translation Services of Street Savvy Translators

Translations of foreign language wire interceptions play a pivotal role in criminal cases. Earlier we’ve blogged about admitting English translation/ interpretation transcript of foreign language recording… without admitting the foreign language recording, about translation of foreign language slang in the courtroom, and about qualifying a foreign language interpreter as an expert. Other interesting issues arise when translators and interpreters are asked to provide translation of wiretaps, and later testify in court on the foreign language drug slang evidence in those wire intercepts. To help your case, consider hiring professional translators, who happen to be street smart.

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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 18, 2008

Legal Document Translations Protect Foreign Language Speaking Californians

Legal document translations protect non-English-speaking consumers from entering into business transactions they don’t understand. The Consumer Protection for New Californians Bill of 2004, for example, was designed to protect foreign language speakers from being tricked into signing contracts and other legally binding agreements that they cannot understand, or that are not accompanied by a foreign language translation. Specifically, the bill required certain businesses to provide translation of contracts into the four major Asian languages: Chinese, Korean, Tagalog, and Vietnamese.


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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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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 8, 2008

Professional Translation Services & Legal Issues When Marketing to a Foreign Language-Speaking Consumer

When