Translation Protocols In Cross-Border Antitrust Litigation

Law360, New York (August 22, 2013, 12:52 PM EDT) -- In civil antitrust litigations in U.S. courts, the increasing presence of foreign parties raises numerous issues relating to the translation and use of foreign-language documents. The current evidentiary rules are useful for cases in which parties use a few foreign-language documents, but those rules are poorly equipped for the realities of modern antitrust litigation, which often features thousands of emails and other electronics documents written in languages other than English. Parties involved in these actions should meet these challenges at the outset of litigation by establishing a protocol for agreeing upon translations and adjudicating translation-related disputes before their first use. This will reduce translation-related costs for all parties and help streamline the process for adjudicating translation disputes....

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