December 1, 2008

Translation / Interpretation Experts for Litigation, Court Interpreters, and Foreign Accents in the Courtrooms

We've blogged about the role of professional court translators and interpreters in national origin discrimination cases and in employment discrimination cases.  Under Title VII of the 1964 Civil Rights Act, discriminating against an individual on the grounds of their foreign accent may be prohibited. However, many cases brought under this action are unsuccessful due to the high burden of proof placed on the plaintiff. One example is the Customer Preference defense, which argues that employment decisions may be justified when done in order to appeal to a target demographic group - namely, the customer.

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Posted In: Language & Cultural Differences in the Practice of Law & in Litigation & Discovery Document Review

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November 28, 2008

Foreign Language Translations, Product Safety and the Alien Tort Claims Act

We've blogged about legal translation services for the Alien Tort Statute (ATS) in the context of research on human subjects by private companies.  Recently, due largely to the influx of defective Chinese products, the use of the Alien Tort Claims Act as grounds for a liability claim has increased, and so has the need for accurate English-Chinese translation and Chinese-English translation services. According to the Act, federal jurisdiction exists for civil actions filed by aliens injured by conduct that constituted a violation of the law of nations or a treaty of the United States.

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Posted In: Chinese Translation, Mandarin Chinese Translators, Chinese-English & English-Chinese Translation

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November 23, 2008

Document Translation Services Sites Vital for Private Companies Conducting Research on Human Subjects in Developing Countries

We've blogged about the role of translation accuracy and pharmaceutical translation experts and in the context of legal protections against research on human subjects in developing nations.  Although significant regulations and laws, both in the international arena and within the United States, are in place to regulate and protect against research on human subjects, most is intended to apply to governments. Thus, when private companies like pharmaceutical corporations engage in human subject research, the practice falls within a rather gray area of international law.  No wonder it generates an ongoing need for accurate legal translation services.  

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Posted In: Professional Translation, Professional Translators, Foreign Language Discovery Translation & Review

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November 19, 2008

Translation Experts and Legal Protections against Research on Human Subjects in Developing Nations

We've blogged about pharmaceutical translations in the context of the European Union's fast track approval process for US pharmaceuticals, and about professional translations of foreign regulatory evidence in products liability cases.  Professional pharmaceutical and technical translations provided by multilingual translation experts are equally important for the new sector of international law, pertaining to the use of human subjects for pharmaceutical testing and research.  Since this practice is heavily regulated in the United States, many companies are turning to developing nations that typically lack such protections. As regulations and protections are being implemented - thus creating a new sector of international law- and as with any law involving various foreign jurisdictions, foreign language translations play an important role.



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Posted In: Multilingual Pharmaceutical Translations, Pharmaceutical Translators, Written Translation Services

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November 14, 2008

Expert Foreign Language Translation Services, and Proving Translation Accuracy in Preliminary Injunctions and Trials

Admissibility standards for the use of written translations of foreign-language documentary evidence in court vary.  The determination of whether to grant a preliminary injunction, for example, is to be based on "evidence that is less complete than in a trial on the merits." Univ. of Texas v. Camenisch, 451 U.S. 390, 3951981). For this reason, the court may consider otherwise inadmissible evidence in making its determination as to the preliminary injunction. 11A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice & Procedure sec. 2949 (2d ed. 1995).

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Posted In: Foreign Language Translation, Language Interpreter Services, Document Review- Case Law Development

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November 12, 2008

Foreign Language Translation Experts, Translator's Expertise and Foreign Language-Speaking Plaintiff's Declaration

Language translation issues abound in litigation and in courtroom translation.  We've blogged about the importance of translator's affidavit (also known as "affidavit of translation accuracy", or as "certified translation") in litigation, court proceedings and arbitration proceedings.  It is often the case that along with a deposition transcript, a declaration of the transcript's accuracy will be provided and admitted as evidence. When the person making the deposition is a foreign language speaker, the declaration will be written in their native tongue.  In order to submit any translation of a foreign language document as evidence, a party must lay proper foundation as to the accuracy of the foreign language translation.   

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Posted In: Translations for Defense Counsel; Defending Against Foreign & Non-English-Speaking Plaintiffs

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November 7, 2008

Multilingual Translator Interpreter Services for Law Departments and Corporate Lawyers, and Multinational Corporate Governance

Corporate translating and interpreter services and professional legal translations and financial translations are vital for the global economy, as evidenced by the current international financial crisis. Although some would argue that one of the problems is a lack of multinational corporate governance laws, this is not an area where international law fears to tread. In fact, international trade law plays a significant role in corporate governance. 

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Posted In: Multilingual Financial Language Translation Services & Financial Translators

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November 6, 2008

Foreign Language Translations, CyberLaw and International Information Operations

Professional foreign language translation and foreign language interpretation services are essential for successful operation both within set international law and between various foreign information operations.  From foreign language interpreting during negotiations to reading and understanding potential cyber security threats worded in a foreign language, foreign language translations are a vital part of international information operations.  As the Internet has no borders, any law that attempts to govern or protect cyberspace is invariably
going to involve international law.
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Posted In: Foreign Language Translation, Language Interpreter Services, Document Review- Case Law Development

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November 5, 2008

Foreign Language Translation Services, Export Control and Employment Discrimination

Earlier we blogged about professional interpreting and translation services in the context of national origin discrimination of foreign language speakers.  Foreign language translator and interpreter services also come in handy when dealing with foreign nationals in the context of national security.  A dilemma often faced by universities and major research or engineering firms is when a foreign national is hired via the proper visa and does work under the auspices of a government grant. When doing such work, specific licenses are required according to the export control regulations of the United States - often as a result of security measures taken against particular nations.

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Posted In: Multilingual Business Translations,Business Translators, Written Translation & Document Interpreter

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November 3, 2008

Foreign Language Translation and Interpreting Experts, and Posthumous Personality Rights

Earlier we blogged about the role of foreign language translation and court interpreting services in pleading a case for libel.  Professional foreign language translation services play an equally important role in cases involving posthumous personality rights.  Under the constitutional, tort and estate laws of some states, one enjoys personality protection even posthumously. Accordingly, in order to recover damages, the infringement of one's personality rights must be a material infringement of the deceased's reputation and privacy. Typically, an infringement weighs the freedom of speech or expression rights that the defending party is claiming against the speechless nature of the deceased.

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Posted In: Court Translation, Foreign Language Legal Interpreters, Court Interpreters, Litigation Interpreters

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October 27, 2008

Professional Translation Services for Enforcement and Execution of Judgments within an International Context

Earlier we've blogged about the role of professional document translation and legal translations in enforcing U.S. judgments in Europe.  Although in general legalese the concept of enforcing a judgment and executing a judgment is viewed as one and the same, this is not often the case when it is applied in the arena of international law. As clearly defined by the Convention of the Settlement of Investment Disputes Between States and Nationals of Other States (CSID), an enforcement of a judgment is used within the territory of each signing party, whereas an execution on a judgment is governed by the laws of the jurisdiction where the execution is to be made (Article 54).

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Posted In: Foreign Language Translation, Language Interpreter Services, Document Review- Case Law Development

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October 23, 2008

Homeland Security Translations and Foreign Language Translations of Lawsuits against State Sponsors of Terrorism

Professional legal translation and interpreting services play an important role in the matters of homeland security, as well as in litigation against state sponsors of terrorism.  Following the terrorist attack on the USS Cole, family members of the victims filed a suit against Sudan on the basis that it was harboring members of al Qaeda. The grounds for the suit came from an amendment to the Foreign Sovereign Immunities Act (FSIA). According to the act, citizens can sue foreign nations within a US court for personal injury or death caused by terrorist acts associated with that state.

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Posted In: Professional Translation, Professional Translators, Foreign Language Discovery Translation & Review

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October 21, 2008

Professional Interpreting and Translation Services, National Origin Discrimination and Foreign Language Speakers

Multilingual court interpreting services, courtroom translation and legal translation services are routinely required during administrative hearings and cross-cultural depositions involving non-English-speaking or limited English-speaking plaintiffs, alleging discrimination on the basis of national origin.  According to Section 13 of the US Equal Employment Opportunity Commission's Compliance Manual, it is illegal for a company or individual who falls under the EEOC's jurisdiction to discriminate against another based on one's national origin. According to the directive, national origin discrimination occurs when someone is treated less favorably because that individual (or his ancestors) is from a certain place or belongs to a certain group.

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Posted In: Court Translation, Foreign Language Legal Interpreters, Court Interpreters, Litigation Interpreters

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October 15, 2008

Foreign Language Translations for Antitrust Attorneys, and International Antitrust Law

Legal translation and interpreting services play an important role in antitrust litigation.  According to the US Supreme Court, US courts do not have jurisdiction over lawsuits brought by foreigners for antitrust injuries sustained abroad. The major reasoning for this decision was to prevent plaintiffs from "shopping around" for a proper forum and to "protect amnesty programs".  In the case, the plaintiff claimed jurisdiction due to the interdependence between "foreign and domestic harms". Specifically, in its decision, the Court held that US courts do not have jurisdiction "where the plaintiff's claim rests solely on the independent foreign harm." F. Hoffman-LaRoche Ltd. v. Empagran S.A. 542 US 155 (2004).

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Posted In: Court Document Translation, Court Document Translators, Litigation Document Review

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October 13, 2008

Professional Foreign Language Translation for International Franchise Attorneys and International Franchising

Foreign language translation services, and namely, legal translation services, play a key role in international franchising.  One of the first things to be seen when an emerging market begins to open up is an influx of international franchising chains. This was seen in the former Soviet Union and Eastern Europe and is now being seen in Central Asia. However, taking a franchise overseas involves numerous legal steps - often done in the emerging market's native language.
 

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Posted In: Multilingual Business Translations,Business Translators, Written Translation & Document Interpreter

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