Key Insight: Although TAR is widely recognized as “cheaper, more efficient, and superior to keyword searching,” the responding party may decide for themselves the best method for producing their ESI. The court will not compel the utilization of TAR but may revisit the issue if Plaintiff contends the actual production is deficient.
Nature of Case: Environmental, Class Action
Electronic Data Involved: Electronic Documents Generally
Key Insight: This dispute was over which party was obligated to translate (or pay for the cost of translating) documents that were produced by Defendants (in response to document requests) into English. Plaintiffs filed a Motion to Compel Defendants to translate the documents and/or pay for the cost of translation, The Court denied it, finding that Defendants were neither obligated to translate the documents nor responsible for the cost(s) of translation. However, the court noted in a footnote that a party that produces documents in response to an interrogatory may be required to provide translations.
Nature of Case: Unfair Competition, Defamation
Electronic Data Involved: Documents
Arbitration matters, and the teams working on them, can often span geographic borders which in turn can present a number of logistical issues. These range from the mundane, such as standard paper/binder sizes, to schedule challenges presented by participants residing in multiple time zones, to what can be the biggest logistical challenge of all: language barriers.
While machine translation technology will not replace the need for certified translations of documents to be used in legal proceedings, it can be a valuable addition to your arsenal. This technology is a practical tool to help streamline the review of documents, reduce costs for clients, and optimize your staffing for international projects.
In the July 2018 edition of K&L Gates Arbitration World, we discuss the benefits, costs, and challenges associated with utilizing machine translation technology. Read the full article here.
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