Translation For Lawyers

Legal Document Translations, Social Media and Employment Law

Tue, 07 Feb 2012 07:25:39 -0700

We've blogged about website translation service in the context of social media and about multilingual professional translation services to obtain certified document translation of multilingual evidence. With the rise in social media, new questions regarding its role in the workplace arise - particularly as to where it fits into world of employment law. Specifically, is the use of social media covered by existing legislation?

Here's a look at some of the main issues:

Preservation of Proprietary Information: Company proprietary information is legally protected from any unauthorized disclosure or use. One way to protect against this is via a comprehensive social media policy that specifies - with examples - what is and is not allowed.

Diversion from Work: A diversion from work can be considered a breach of one's professional, statutory duties. Although a single event is not cause for termination, repeat events after documented disciplinary action may be cause. Be sure your internal policy lists the unapproved use of social media during working hours as being in violation of company policy.

Disparaging remarks: Some courts have ruled that a company can terminate an employee who posted offensive remarks against a company or co-workers. However, such terminations have been reversed when it was found that the criticism was reasonable and did not harm the company's business. In a global marketplace, making this determination will likely require a foreign language translation.

Certified Legal Translations, EU Data Protection Legislation and Its Impact on US Companies

Mon, 06 Feb 2012 09:12:30 -0700

Legal translation and legal interpretation services play an important role in data protection. We're blogged about multilingual e-Discovery translations and European data protection laws and about cross-border transfers of data- requiring legal translation services- relating to foreign litigation.

On January 25, 2012, the European Commission published a proposal for a new European Union (EU) regulation governing protection of individual privacy and the processing of personal data. The proposed Regulation's objective is to amplify and clarify current EU data protection rules, to adapt these to the constant developments occurring in information technologies, and to ensure the direct application of uniform data protection rules throughout EU Member States.

The provision arguably extends the territorial scope of the EU data protection rules as its terms would apply, in certain cases, to the processing of personal data by entities not established in the EU of individuals residing in the EU even if the entities do not use any EU-based equipment.

To accomplish this, such companies must appoint a representative for processing personal data in the EU. This obligation does not apply, however, to a non-EU entity established in a third country that offers an adequate level of protection of personal data. Currently, the US does not qualify.

However, non-EU data controllers would no longer be required to appoint a data representative in each EU Member State where personal data is processed. One data representative in any EU Member States would suffice. With that said, doing this of course requires the partnership of a foreign language translation service.

Website Translation Services, Social Media and the Discovery Process

Wed, 01 Feb 2012 06:58:30 -0700

Professional foreign language document translations and language interpreting services play an important role during discovery stage of litigation. We've discussed certified document translation services of the evidence found in social media.

There is no doubt that an attorney wishing to obtain evidence located on a private social media platform has the right to seek such evidence via the formal discovery process. In fact, numerous courts have ruled that such a practice is allowed so long as the discovery demand is made in good faith and is in line with the Federal Rules of Civil Procedure (and related laws and rules).

That being said, the practical side of carrying out such a discovery request is complex, difficult and often frustrating, especially when dealing with multilingual documents requiring multilingual document translation services. The very nature of social media means that there are multiple levels - and expectations - of privacy and many of the networks are set up to vigorously protect this notion. Although courts have held that these privacy interests cannot serve as a bar to discovery, they often will take into consideration the potential invasion of privacy that such a discovery request would mean. As a general rule, courts will not allow for 'fishing' and tend to only allow specific and very narrow requests.

Certified Document Translation- Using Social Media for Digging Up Evidence

Thu, 26 Jan 2012 08:25:10 -0700

We've blogged about multilingual document translation online, social media and attorney ethics. We also wrote about professional legal translation and interpretation services and using social media to impeach a witness. Facebook, Twitter, LinkedIn, YouTube - all of these social media platforms are excellent places for attorneys to search to 'dig up dirt' on an opposing witness - or even their own client! So what are the limits for doing this?

First, the process isn't always as easy as it seems. Most social networks allow users to set their own privacy controls, letting them control who sees what.

For example, on Facebook, a user can allow only 'friends' to view their wall posts and images. Of course, knowing this, it might be tempting for an attorney to try to become a 'friend' or a follower in order to gain access to this treasure trove of information.
In summary, most ethics committees have guidelines that restrict an attorney's ability to do just this. As a rule of thumb, unless the attorney can guarantee that the rules of their particular jurisdiction allows for the use of a false identity on social media networks, one should never attempt to use a false identity or made-up profile to obtain access to and information from a social media platform.

That being said, even when using one's true identity to become a friend or follower, they should also include a statement disclosing their purpose for making the request. This should likewise be done when the request is made via a third party. More so, one should never make a request to a represented person nor should they interact with/on a represented person's network.

Contact our professional document translation company to have multilingual documents translated into English, or a retain a deposition interpreter in any language.

Global Business Translation Services, International Publications and Protection of Reputations

Mon, 23 Jan 2012 05:37:27 -0700

Multilingual business document translation services, deposition translations and and courtroom translations come in handy in the context of libel and defamation cases. We've blogged about legal translation services spanning various jurisdictions in defense of freedom of speech. The concept of freedom of speech is one that differs from jurisdiction to jurisdiction and thus is an area where potential international legal issues often arise. For example, in the US the First Amendment liberally protects the individuals' right to free speech. However, in the EU, the equivalent right is balanced against such interest as national security, crime prevention and the protection of reputation.

Of particular interest is the last point - balancing the right to free speech against the right of protection to one's reputation.

In a recent case involving an international publication*, this issue was raised with the challenge that a defamation is committed in the place of publication and that the publication occurs in the place of receipt rather than the place of transmission, thus, a cause of defamation may arise in several states or countries and, due to choice of the local laws, be subject to several state and national legal regimes. Specifically at issue was the publication of Craig Unger's book House of Bush, House of Saud. Sheik Mahfouz threatened to sue the publisher's UK division for defamation and the publisher agreed to cancel publication. However, the US division refused, noting that US courts have held UK libel judgments unenforceable due to legal differences between the two countries' laws of libel and defamation.

The result of such differences in law leads to people becoming what some refer to as 'libel tourist" - meaning they will shop around a claim to the jurisdiction with the most favorable rules. In the case at hand, this meant that Mahfouz filed in the UK knowing that under their laws the case would likely get the intended result. However, as these are international publications with a wide distribution, this leaves publishers in other jurisdictions vulnerable to liability claims - particularly when foreign language editions are involved. And defense of such claims requires worldwide professional legal translator services in common and exotic foreign languages.

*Source: David Partlett and Barbara McDonald "International Publications and Protection of Reputation: A Margin of Appreciation but not Subservience?"

Multilingual Legal Translations, Recruitment Interview and the Employer's Right to Know

Fri, 20 Jan 2012 06:21:31 -0700

Multilingual services of global legal translators and court interpreters are relevant in the practice of employment law. Some challenges are caused by the language and cultural differences. By the legal nature of job interviews, personality tests and other selection tools, there is an inherent tensional interplay between the employer's right to information and the employee's right to privacy. Which side the law favors depends on various factors and thus, each case should be viewed on its merits.

From the employer point of view, there is a clear right to information and, in some cases, a duty of investigation in order to protect oneself from a negligent hiring claim. This duty to investigate means that an employer must cast doubt and do checks on the information provided by an applicant - such as checking references and verifying qualifications. If the position involves an international post, then there is also a duty to get a foreign language translation of any necessary information. It is also good practice to tell the applicant that you will be checking their information.

On the other hand, an applicant is under a legal duty to cooperate in good faith and produce all necessary details of their professional and educational past. The key, however, is whether in their point of view the requested information is private or not. If they feel the information requested has nothing to do with the job and they do not want to divulge that information, then they are not required to. If the applicant feels that refusing to produce this information may negatively impact their application, then they may even have the right to provide false information. Essentially, all matters of hiring come down to the issue of relevance. Even areas typically regarded as private may be relevant in some cases - depending on the nature of the job.

Not sure whether to hire an interpreter or a translator? To learn about the differences between the members of two professions, read frequently asked questions about worldwide business translation services.

Professional Translation Services and Reporting Requirements for Foreign Financial Assets

Thu, 12 Jan 2012 08:02:03 -0700

We've blogged about certified corporate translation services and the issues of double taxation, as well as legal translation and interpretation services in the context of compliance with the Foreign Corrupt Practices Act. Prior to 2011, an individual owning foreign financial assets totaling at least $10,000 was required to disclose the account in which one had a financial interest or signatory or other authority over. As of 2011 and continuing in 2012, the Hiring Incentives to Restore Employment Act's new reporting requirements - which are in addition to the above cited requirement - remain in effect. When reporting said assets, all financial documents must contain a foreign language translation.

According to the new reporting requirement, if the aggregate value of one's interests in 'specified foreign financial assets' exceeds $50,000 at any time during the tax year, then one must disclose certain information regarding the value and location of the assets in their tax return. This includes any depository, custodial or other financial account maintained by a foreign financial institution and any stock or security or financial instrument or contract issued by a person other than a US person, or any interest in a foreign entity not help in an institutional account.

Contact our translation services firm to retain Laotian interpreters, Nepali interpreters, Indonesian interpreters, Hmong interpreters, Korean interpreters, Cantonese interpreters, Thai interpreters, Czech interpreters, Twi interpreters, Japanese interpreters, Russian interpreters, French interpreters in Boulder, CO, Denver, CO, Wheat Ridge, CO, Aurora, CO, and elsewhere.

Worldwide Multilingual Legal Translator Services and Another Look at Kiobel

Tue, 10 Jan 2012 06:44:04 -0700

We've blogged about foreign language pharmaceutical document translation services for private companies conducting research on human subjects in developing countries and about multilingual corporate translation services in the context of product safety and the Alien Tort Claims Act. Prior to the landmark Kiobel decision, courts have repeatedly come to the conclusion, relying on US domestic law, that corporations -just as individuals - could be viable defendants under the Alien Torts Statute. However, per the Kiobel decision, this tradition drastically changed.
The case stems from allegations that Royal Dutch Shell aided and abetted in human rights violations perpetrated by the Nigerian government. In its decision, the US Court of Appeals for the Second Circuit rejected the theory that corporations can be held liable in the US under the Alien Tort Claims Act - thus significantly limiting legal recourse available to victims of human rights abuses attributable to a corporate entity.

The case stems from allegations that Royal Dutch Shell aided and abetted in human rights violations perpetrated by the Nigerian government. In its decision, the US Court of Appeals for the Second Circuit rejected the theory that corporations can be held liable in the US under the Alien Tort Claims Act - thus significantly limiting legal recourse available to victims of human rights abuses attributable to a corporate entity.

The court based its decision on the premise that the scope of liability under the Act is ultimately determined by customary international law. Or the 'norms that are specific, universal, and obligatory in the relations of states inter se - such as international tribunals and treaties, etc. However, as there is a lack of such norms, it is important for companies and in-house counsel to oversee all overseas operations in order to avoid any potential lawsuits against corporate officers or the company itself.

Contact our legal document translation firm to obtain multilingual document translation and deposition interpretation services from and into Russian, Chinese, Romanian, Thai, Malay, French, Turkish, Indonesian, Latvian, and other foreign languages during Alien Torts Claims Act litigation and FCPA litigation.

Global Document Translations for Expatriates and the Tax Code

Fri, 06 Jan 2012 08:50:28 -0700

We've blogged about multilingual document translation services for expatriates in light of the US tax code, and about corporate translation and the issue of double taxation. In order to not be required to file a US federal tax return, a US citizen living abroad must register their name as expatriate status with the Federal Register. Typically anyone living and working abroad whose net income meets the required net worth or tax liability test is required to report and pay taxes on their foreign-earned income. Exceptions to this rule include anyone renouncing their US citizenship and/or terminating their lawful US permanent residency status for which the IRS has received information on from one or more of three listed sources.

The three listed sources include: any federal agency or court which collects taxes, the Secretary of State and 'the federal agency primarily responsible for administering the immigration laws'.

In order for an expatriate client to avoid paying US taxes, an ample amount of proof will be required. First and foremost, a copy - with a foreign language translation - of their foreign income and taxes paid will have to be filed. More so, any double tax treaties that may be applicable will also have to be cited. If the expatriate has denounced their citizenship or residency - typically by taking on citizenship in another country - proof of this must also be provided. If proof of citizenship is in a foreign language, a foreign language translation should also be submitted.

Contact our language translation agency to inquiry about worldwide professional translation services for FCPA and white collar investigations, cross-border litigation and other corporate matters.

Certified Document Translation Services, Attorney-Client Relationship and the America Invents Act

Wed, 04 Jan 2012 07:00:26 -0700

Foreign-language legal document review process and certified legal document translations are integral parts of patent litigation and patent infringement prosecution. We've blogged about partial translations in complex patent cases and about document translation in the context of pre-invention contracts and the right to title. Under the new America Invents Act, patent owners will now be able to request the US Patent and Trademark Office to 'consider, reconsider or correct' information that was previously not considered - or inadequately considered - during a prior prosecution. Further, a court will not be able to hold that a patent is unenforceable based on information stemming from a supplemental examination.

This new process will have many implications, including implications as to the relationship between the client and the patent owner. For example, by the very nature of this process the patent owner has the ability to 'liberate a patent from any taint resulting from misconduct in its procurement'. In this sense, the legislation creates an opportunity for the patent owner to require the USPTO to refer suspected material fraud to federal authorities and the express authority to discipline registered patent attorneys.

Thus, where an issue of a failure to provide an accurate foreign language translation or other misconduct occurs, supplemental examination could lead to disciplinary consequences for the patent attorney.

Contact our legal document translation company to retain certified translators, certified interpreters and bilingual attorneys for your multilingual legal document review and for your patent translation needs.

Certified Translation and International Legal Issues Related to Cloud Computing

Fri, 30 Dec 2011 07:19:43 -0700

Professional certified translation services play an important role in multilingual e-Discovery and cross-border eDiscovery. Despite the many benefits that cloud computing offers, it also creates numerous risks for its users - namely in terms of security, performance, service availability, contractual remedies, etc. Although traditional IT outsourcing also comes with similar risk, the difference between the legal risks of the traditional and cloud computing is in the 'where'.

Unlike with traditional IT computing, in cloud computing the data can be dispersed across and stored in multiple data centers located around the world. Further, a cloud platform allows for the creation of multiple copies of such data being stored in different locations - thus blurring the lines of jurisdiction and requiring professional multilingual translation and legal interpretation services.

In light of this, before moving to the cloud, a corporate client should consider several legal issues. The best strategy is to consider all legal issues via due diligence and risk mitigation. The key issues that should be addressed include:

Location: Where the data is located at a given time and which law governs the contract and settlement of potential disputes.
Security and Performance: How does the contract allocate such risks as backup, restoration, disaster recovery, security and service levels, events of 'force majeure'?
Legislation and Regulatory (Including Privacy): Stringent regulatory provisions and restrictions concerning the transfer of data across borders, along with export and trade restrictions, may impact where data in the cloud can be stored, who can store it, etc.
Intellectual Property.
Data Retention.
Insurance.

To read our earlier legal translation blog post "Foreign Language Translation & the Consequences of Preserving or Erasing Foreign Language Electronically Stored Information from a Work Computer", click here.

Contact our legal translation agency to retain multilingual legal translators, legal interpreters and bilingual JDs for on-site and off-site foreign language legal document review.

Certified Legal Translation and New ICC Arbitration Rules Coming into Effect January 1st, 2012

Wed, 28 Dec 2011 07:35:31 -0700

We've blogged about the role of certified legal interpreters and legal translators in international dispute resolution and international law, and about attorney ethics in multilingual arbitration proceedings.

Last fall the International Chamber of Commerce (ICC) issued its revised version of the Rules of Arbitration. The purpose of the revisions is to allow the Rules to 'better serve both existing and future needs of businesses and governments engaged in international commerce and investment'. They will go into force on January 1, 2012.

The key changes include new provisions covering disputes involving:

Multiple contracts and parties

Updated case management procedures

The appointment of an emergency arbitrator to order urgent measures

Changes to facilitate the handling of disputes arising under investment treaties and fair trade agreements

Amendments to ensure transparency and costs-effectiveness.

The new rules apply automatically (unless parties stipulate otherwise) to all arbitrations held under the auspices of the ICC. Overall, the new rules focus is on creating mechanisms that will allow arbitration to work even in emergency or urgent circumstances - which are becoming more and more necessary in today's volatile economic environment. As with the prior edition, as this involves international disputes, foreign language translations will be required during the arbitration process.

Contact our legal translation firm to retain multilingual court-certified interpreters for your arbitration or deposition.

Legal Translation Online, Certified Pharmaceutical Translations and Navigating the Inconsistencies in International Labeling Requirements

Fri, 23 Dec 2011 08:57:40 -0700

We've blogged about the need for professional certified translation services of product warning labels, as well as professional translation of "Made in USA" labels. In the US, the Food and Drug Administration has strict labeling requirements for many products, like cosmetics, for example. And just as the US has its own specific requirements, so do nearly every other country on the planet.

For example, in the cosmetics sector, the labeling requirements for describing color additives for products entering the US are different than those for Canada and Europe. Added into this mix is the need for labeling to be included in different languages, requiring a foreign language translation done in compliance with different foreign jurisdictions (for example, for some products, the label translation requirements for France and French-speaking Belgium can differ).

Needless to say, there are many inconsistencies between what one country and the next requires, which causes a great deal of confusion for any company distributing products abroad. Fortunately, one can navigate these waters (at least for import/export within the US, Canada and most of Europe) with the use of a single label satisfying all labeling requirements. The first step is to determine what each jurisdiction's requirements are and then draft content that satisfies all requirements, including any need for a foreign language translation.

Global Legal Translation Solutions and the Issue of Invalidated Trademarks

Thu, 22 Dec 2011 06:43:24 -0700

We've blogged about trademark translation services in the context of trademark applicant's bona fide intent to use, as well as legal translation and legal interpreting solutions in view of China's copyright laws.

One of the many duties of the US Customs and Border Protection (CBP) is to search and seize counterfeit products and those that otherwise infringe on the intellectual property rights of the original goods manufacturer. They do this via the Intellectual Property Rights e-Recordation (IPRR) System, where trademark and copyright owners register their rights. Via this system, a company or person importing goods into the United States can check to determine if any of the products they plan to import actually violate the intellectual property rights of someone else.

As a side note, since foreign importers will be using the system, it is important that all rights are registered in English and contain a foreign language translation pertaining to any global markets that the product targets.

The major issue with this system is that intellectual property rights are not absolute. In other words, they can be challenged in courts and, depending on the outcome, a trademark can be cancelled. This is a lengthy process that can delay imported products from making it to market in a timely fashion. If your client is an importer, to avoid this situation it is important to do the research in advance to identify any possible issues with the help of a professional legal translation company and make the necessary adjustments and challenges before the importation.

Worldwide Legal Translation and Tips for Complying with the Foreign Corrupt Practices Act

Wed, 21 Dec 2011 06:17:21 -0700

Multilingual legal translation and professional legal interpretation services play an important role in the FCPA compliance issues. The Foreign Corrupt Practices Act (FCPA) is a federal anti-bribery statute that prohibits US individuals and US companies, their subsidiaries, personnel, shareholders and agents from paying, offering, or promising to pay anything of value to foreign officials - either directly or indirectly, for the purpose of obtaining or retaining business. As explained in an earlier Translation for Lawyers blog post, the FCPA is vague on definitions. To ensure that you and your company remain compliant, here are some tips:

Start by accessing your FCPA risk: Conduct a formal risk assessment by looking at such factors as the type of business and transactions your company is involved in, where these transactions take place, and the degree that these transactions involve government officials. Be sure to also evaluate your agents, consultants, brokers, distributors and other intermediaries for similar risk factors.
Develop a compliance policy: This should address all relevant issues and should be embedded in the company's overall compliance program and code of conduct. HR should include it as part of all employee trainings to be conducted in the languages of the country where your company is doing business. All FCPA training and testing materials will need to professionally translated into the official languages of that country.
Provide regular personnel trainings and updates: At a minimum, your top executives should be included, but it is best if all personnel who may come in contact with foreign officials be included too.
Built an FCPA compliance team: this should include legal, financial reporting and internal audit personnel.
Identify countries where in-house counsel and other affiliates fall outside normal attorney privilege doctrines. This will require the use of a foreign language translation. Based on these findings, make decisions on using outside counsel for the company's FCPA compliance program.
Ensure financial department keeps accurate books and a system of internal accounting controls.
Incorporate FCPA review as part of all due diligence procedures, particularly in Merger and Acquisition or Joint Venture initiatives.