Certified Translation, Notarized Translation, Sworn Translation, Certified & Sworn Translators: January 2008 Archives

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 24, 2008

Foreign Language Translation & the Consequences of Preserving or Erasing Foreign Language Electronically Stored Information from a Work Computer

The management of electronically stored information (ESI) created and/ or stored on a company’s computers presents challenges, when such data is in a foreign language. And I am not talking about the challenges related to foreign language translation of the electronically stored information during discovery, also known as foreign language e-Discovery.

Rather, I’m talking about the decision to either preserve or erase multilingual ESI on a work-owned computer, which can have significant legal consequences for both the employer and the employee, if the need to produce foreign language evidence later were to come up in litigation.

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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 16, 2008

Legal Document Translations in Light of Royal Dutch Shell Global Class Action and Collective Settlement Agreements

With the highly publicized Royal Dutch Shell class action suit, the field of global class actions is once again being redefined. And with this and similar suits, multilingual foreign language live, print, and written translation becomes an essential issue to successfully litigating and negotiating these actions.

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January 10, 2008

Translation and Interpreting Services for Intellectual Property, or Can a Foreign Language Word Get a Trademark Protection?

When a company files an intent-to-use application under 15 U.S.C. 1051(b)(1) in order to register a term, the word cannot be descriptive or deceptively misdescriptive of the company's good or service. An issue can arise when the applied for word is also a foreign language word. Its English translation can play a pivotal role in the trademark application and review process.

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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 multilingual 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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