Eek…this isn`t in English! How to successfully manage a

TRANSPERFECT LEGAL SOLUTIONS
The Leader in Global Legal Support
FEBRUARY 26, 2010 | PREPARED FOR
COLORADO ASSOCIATION OF LITIGATION SUPPORT
PROFESSIONALS
Eek…this isn’t in English!
How to successfully manage a multi-language litigation
TABLE OF CONTENTS
 Unicode
Compliance Issues
 Common Language Issues with Large-Volume
Discovery Matters
 Case Studies
 About TransPerfect Legal Solutions (TLS)
UNICODE COMPLIANCE ISSUES
“TransPerfect has conducted hundreds of projects for
Weil Gotshal and consistently exceeds our expectations
with respect to both accuracy and turnaround time. The
broad range of legal support services they offer makes
them a valued partner to our firm.”
- Weil Gotshal & Manges LLP
CHARACTER SETS
A
character set serves as the framework for recording,
storing, and displaying a linguistic keystroke.
 Think Morse Code and a Telegraph.
 Keystrokes are stored as binary codes, when a file is
opened, the codes are interpreted and redisplayed.
WHAT’S THE PROBLEM
 There
are hundreds of different character sets in
existence.
 Character sets developed regionally and there was
little standardization.
 The incompatibility of different character sets can lead
to misinterpretation of the author’s original text.
YOU SAY TOMATO, I SAY ÿþÈ0Þ0È0
in Japanese is properly displayed as トマト.
 When an ASCII or ANSI based program that is not
Unicode compliant attempts to read the above text,
ÿþÈ0Þ0È0 is displayed.
 Shift-JIS (a popular Japanese character set) interprets
the above text as
ネ0゙0ネ0 .
 TOMATO
PROBLEMS PERTINENT TO DISCOVERY
 Problems
can range from the loss of a minor capability
to a complete breakdown in process.
 Discovery often involves legacy data, created on old
programs that may use non-standard character
encodings.
 Review applications must support Unicode load files,
or else field delimitation will fail.
HOW TO ANTICIPATE AND RESOLVE
CHARACTER SET PROBLEMS
 Make
sure that processing steps support needed
functionality.
 Datasets containing reviewable data created by
obscure or proprietary software applications must be
handled on a case by case basis with compliance
testing performed by linguists.
 Functionality of all applications that will be handling the
data should be tested to ensure that desired
functionality is maintained.
COMMON LANGUAGE ISSUES WITH
LARGE-VOLUME E-DISCOVERY MATTERS
“I have only good things to say regarding this
project - everything was done on time and
with great quality. My main contact person at
your company is great - he accommodates all
my requests and is always a pleasure to work
with.”
– White & Case LLP
COMMON LANGUAGE ISSUES IN EDISCOVERY

Keeping costs down when translating numerous files (that are
images), some of which contain content that may not be relevant
to the case

Solution 1 (other LSPs): translate all content, charge for all
translated words

Solution 2 (TLS): on-site bilingual document reviewers may
assist in reviewing content, answering attorney or review
questions, which allow clients to cull the material to a more
manageable size, eliminating unnecessary content for
submission into translation. Bilingual staffing needs may also
be provided for larger cases, with global support available.
COMMON LANGUAGE ISSUES IN EDISCOVERY

Exporting documents for translation from review tool and
importing translated version in an efficient, convenient way.

Solution 1 (other LSPs): attorney marks document(s) for
translation, lit support exports source doc(s), sends them to
LSP, LSP translates them and sends them back to lit support in
MS Word, lit support enters into load file, and uploads to review
tool.

Solution 2 (TLS but not CI): same as above except our
technical expertise enables us to deliver translation ready to go
in load file. Reduces work lit support has to do

Solution 3 (CI): attorney marks document for translation, the
request goes directly to TLS for translation, and TLS uploads
the translated version. Frees up firm resources to work on
other project.
COMMON LANGUAGE ISSUES IN EDISCOVERY

Keeping costs down when translating numerous files, some of
which contain repetitive emails strings from one file to the next

Solution 1 (other LSPs): charge for all translated words,
including repeats

Solution 2 (TLS): pre-flight files/conduct first pass review to
identify which bates ranges are identical/near identical across
the files. Cluster those respective identical files and delegate to
translators so that all email duplicates are with one translator,
resulting in one translation being produced and leveraged for
each duplicate. Charge for only new text and project
management (a fraction of the cost of charging duplicates as
new text). This also, perhaps more importantly than cost,
ensures consistency across all duplicates.
CASE STUDIES
“My account manager contacted me the same
day I sent an email requesting translation,
and the turnaround was great! He was very
courteous and professional in his dealings
with me. I have had nothing but positive
experiences working with TransPerfect, and I
will recommend this company to anyone
needing a translation within my firm.”
–Pillsbury Winthrop Shaw Pittman LLP
CASE STUDY: Debevoise & Plimpton

To prepare the necessary evidence for a major international litigation,
Debevoise & Plimpton partnered with TransPerfect for a range of
services.

The Challenge:
 Debevoise had hundreds of thousands of pages of potential evidence
in Japanese that would need to be read in-language and sorted for
relevancy
 The case would require over a year of intense, ongoing translation
services

The Solution:
 Over the course of 14 months, over 40 translators worked on-site on a
rotating basis providing document identification and translation
 Our in-house production department provided certified English into
Japanese translations and vice versa as needed; they also managed
the creation of translation memory glossaries, enabling greater
efficiency and reducing costs
 When litigation began, we provided interpretation services in order for
all involved parties to communicate effectively
CASE STUDY: Sutherland, Asbill & Brennan

SAB was chosen to represent a US company in the litigation of a major
intellectual property case involving a German corporation. From the
outset, it was obvious that language services would play a crucial role.

The Challenge:
 SAB would need interpreters at the New York and Munich depositions
of German-Speaking witnesses
 Over 200,000 words in hundreds of highly technical documents would
need to be translated from German and French into English
 For the documents to be valid in court, SAB had to provide evidence
that the translations were accurate and unbiased

The Solution:
 We provided native-speaking linguists with legal expertise to complete
the translations, meeting all in-country deadlines
 To ensure the translations would hold up in court, we furnished signed
and notarized affidavits attesting to our ISO 9001:2000 certification
 We provided legal interpreters on-site for depositions
 To meet SAB’s court reporting needs, we arranged to have a UStrained court reporter attend the sessions in Munich
ABOUT TRANSPERFECT LEGAL SOLUTIONS (TLS)
“While the company has evolved dramatically
over the past 16 years, we’ve never
diverged from the values that guided us—
integrity, the highest quality work product,
top-of-the-line people, and proactive client
service.”
- Liz Elting, TransPerfect President and
CEO
TLS OVERVIEW
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Founded in New York City in 1992
Over 20,000 clients
More than 1,100 employees
Completed more than 120,000 legal projects
$220+ million in annual revenues
More than 100 languages supported by our rigorously selected
linguistic resources
Stable and growing company—30% organic growth year after
year; profitable, no venture capital funding
Worked with 100% of the Global 100 and Am Law 200 law
firms, as well as the majority of the Fortune 500 corporate legal
and patent departments.
GLOBAL LOCATIONS
TRANSPERFECT LINGUIST
CERTIFICATION (TLC) PROGRAM
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Designed to serve the interests of legal professionals with
specialized needs for translation and interpretation
Recognized as one of the industry’s most selective and respected
certifications
12% pass rate for linguists in practical fields; 6% pass rate for
linguists in technical fields
Linguists receive a battery of tests to determine their specific
areas of expertise:
 Over 80 subject specific tests spanning 7 major subject areas
 Linguists are required to take every sub-category test within
their main subject area
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Legal linguists take 3 sub-category tests
Legal linguists with IP expertise must take an additional 5 tests
After the testing is complete, each linguists is evaluated and
rated by 3 senior members
QUALITY MANAGEMENT SYSTEM

ISO 9001:2008- and EN 15038:2006-certified in all production
centers worldwide

Multi-step process with work product scored during each phase:
 Translator(s)
 Editor(s)
 Proofreader(s)
 Quality Manager
 Project Manager

Third-party audits in all production facilities several times a year
focus on preventative and corrective actions as well as continual
improvement of quality systems
ONLINE REVIEW TECHNOLOGY

Case Interactive

Enables you to securely host and access litigation documents
such as current pleadings, correspondence, and other caserelated material.

Key Features:
Speed – Highly optimized: One million documents can be accessed by one
thousand users within one second (1-1-1 system).
 Fully Unicode Compliant – Supports all character-based languages in
virtually any file format
 Web-Based Platform – Highly intuitive Web 2.0 application that runs on
any browser
 Zero-Install PDF Viewer – Review and redact PDF files directly in your
browser
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CASE INTERACTIVE – KEY FEATURES
Cont.
Document Display – Review over 300 native file formats
with our Outside-In ™ viewer
 HTML Document Preview – Rapid HTML rendering for document
review and navigation
 Automatic Metadata Extraction – Metadata can be automatically
extracted from MS Office documents and other popular file formats
 Advanced Search – Save time with state-of-the-art searching
technology, including the highlighting of hit terms across virtually all file
types
 Parent/Child Navigation – Efficiently navigate from one parent record
to the next
 Security – Case Interactive is 8.0 hosted in a SAS 70 Level II certified
facility and encrypted with multiple layers of security and audit controls
 24/7/365 Support – Rely on a global support team with an average call
resolution time of under three minutes
 Universal
CONTACT US
Kristen Wiley
Regional Director
+1 303.484.9987
[email protected]
Michael Carlson
Director, Business
Development
+1 312.578.0887
[email protected]