Dont Get Lost In [fcpa] Translation
Dont Get Lost in [FCPA] Translation
Dont Get Lost in [FCPA] Translation
Guest blog by Jay Rosen of Merrill Brink International
Reposted with permission from Tom Foxs FCPA Compliance and Ethics Blog http://tfoxlaw.wordpress.com/2011/11/21/dont-get-lost-in-fcpa-translation/
Post mentioned at Wall Street Journal Blogs Corruption Currents http://blogs.wsj.com/corruption-currents/2011/11/21/high-tide-from-pressure-on-iran-to-indias-lokpal-fight-heating-up/
In late October, a colleague and I were having breakfast with Tom Fox in Houston. We were in town to participate in an FCPA event which we were hosting with Akin Gump and Deloitte. While we were trading war stories about past and ongoing investigations, Tom proposed the following scenario:
Youve just stepped off the tarmac in Beijing and you are speeding in a SUV to your clients headquarters to begin collecting documents. What do you need to know before you walk through that door and what steps could you have taken ahead of time to prepare for that day?
While the answer to his question could take many different angles (depending on your role in the investigation), my response was focused on best practices for managing the foreign language portion of a case. Clients often reach out to me for advice on managing translations for FCPA and white collar investigations, cross-border litigations and related matters. Though each translation matter posses its own unique set of challenges, the common denominator is What is the most cost effective way to match the proper translation solution with the needs of this case?
Many clients consider translation to be something they can handle in-house since:
Becky down the hall speaks Spanish
Ill use Google Translate
The associates in our Paris office can handle this
The forensic accountants in Beijing or the document reviewers in Shenzhen can translate this information on the fly.
In certain circumstances, all of these options have some validity, but for a mission critical project where accuracy and deadlines are key, these are not typically the best choice.
FCPA matters demand a different level of sophistication and execution. By engaging a professional Language Service Provider (LSP) at the front end of your investigation, you can leverage filtering and translation solutions that will result in a more cost and time efficient language management process. These solutions include:
Language Identification
Foreign Language Key Word Search
Machine Translation
Summary Translations
Human Translations
This method of filtering foreign language data utilizing technology solutions (Language Identification, Foreign Language Key Word Search and Machine Translation) ensures that you only translate those documents that are absolutely necessary. For example, in a recent Turkish FCPA matter, Merrill Brinks filtering tools reduced the number of translated documents to 3,000 out of an initial universe of 1,000,000.
While it is tempting to employ the least costly solution, or utilize boots on the ground instead of hiring professional translators, the end result of this decision often requires professional translators (who should have started the process in the first place) being brought in to salvage the job and finish it correctly.
In circling back to our initial question What do you need to know before you walk through that door and what steps could you have taken ahead of time to prepare for that day?
Any company with global operations, if they do not already have a trusted translation provider, must seek out a LSP with the capabilities to employ both technology and human translation solutions to minimize the ultimate number of words (pages) to be translated and to match the most cost effective level of translation with each individual stage of the investigation. This is important not only from an investigation and auditing perspective, but these same translation resources can be leveraged to localize compliance, training, eLearning and code of conduct content throughout the organization.
All of these tools should be utilized to reduce the amount of data that require full translation. Thus the only documents requiring full translations are those that must be presented to an official body (DOJ, SEC).
By knowing this information in advance, the team in the speeding SUV can concentrate on the job at hand securing the location, collecting the data and interviewing employees. After all this information has been collected, and a LSP has been engaged, they can begin to leverage the above mentioned tools and filtering processes to match appropriate translation solutions to each step of the investigation, contain the costs of human translations and most importantly produce the highest quality translations from professional linguists.
About Merrill Brink International
Merrill Brink International (www.merrillbrink.com) is a leading provider of complete translation and language solutions for global companies and law firms, with special expertise in serving the legal, financial, life sciences, software, heavy machinery and corporate markets. A proven leader with more than 30 years of experience, Merrill Brink offers a wide range of language solutions including translation, localization, desktop publishing and globalization services.
Merrill Brink is recognized in the industry for its commitment to quality and its pioneering approach of leveraging technology to reduce costs, eliminate redundant processes and accelerate translation life cycles. Merrill Brink is certified to ISO 9001:2008; ISO 27001:2005 and ISO 13485:2003, and registered to EN 15038:2006 and ISO 14971:2007. Together, these standards provide assurance that the most stringent process and quality standards for translation are followed. Merrill Brink International is a wholly owned subsidiary of Merrill Corporation.
For more information, please contact Merrill Brink, Tel: 888-601-9814; Email: translations@merrillbrink.com; Web: http://www.merrillbrink.com
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