FEBRUARY 26, 2010 | PREPARED FORCOLORADO ASSOCIATION OF LITIGATION SUPPORT

PROFESSIONALS

Eek…this isn’t in English!How to successfully manage a multi-language

litigation

TRANSPERFECT LEGAL SOLUTIONS

The Leader in Global Legal Support

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

TOMATO 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 .

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 RESOLVECHARACTER 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 E-DISCOVERY 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 E-DISCOVERY 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 E-DISCOVERY 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 US-

trained 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 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 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 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 case-related 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 

CASE INTERACTIVE – KEY FEATURES Cont.

Universal 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

CONTACT US

Kristen Wiley

Regional Director

+1 303.484.9987

kwiley@transperfect.com

Michael Carlson

Director, Business Development

+1 312.578.0887

mcarlson@transperfect.com