05/26/2011 Meeting - Best Practices - Translations In Investigations
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05/26/2011 Meeting - Best Practices - Translations In Investigations Presentation Transcript

  • 1. Best Practices in Translation and Language Technology for Foreign Language Intensive InvestigationsInvestigations Jay RosenJay Rosen Presentation to San Jose ACFE May 26, 2011
  • 2. Table of ContentsTable of Contents 1. Current FCPA Climate 2. How to Handle Foreign Language Intensive Investigations 3. Merrill Brink 2
  • 3. Current FCPA ClimateCurrent FCPA Climate 3
  • 4. FCPA Enforcement Actions brought by the Department of Justice ("DOJ") and S C ( S C )Securities and Exchange Commission ("SEC") 2004 2005 2006 2007 2008 2009 2010 DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SECDOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC 2 3 7 5 7 8 18 20 20 13 26 14 48 26 A seismic shift in practice as the government engages in proactive Source: Gibson Dunn 2010 Year-End FCPA Update 4 A seismic shift in practice as the government engages in proactive, undercover operations rather than long-term investigations
  • 5. Most Costly FCPA-Related Settlements Source: Gibson Dunn Webcast - FCPA Trends in Emerging Markets of China, India and the Middle East, January 26, 2011 5 8 of the Top 10 FCPA-Related Settlements are from 2010
  • 6. How to Handle Foreign Language Intensive InvestigationsHow to Handle Foreign Language Intensive Investigations 6
  • 7. 5 Tools of Translation Technology5 Tools of Translation Technology 1. Language Identification • Document level language break down that allows granular workflows • Case level break down so resources can be sourced and allocated 2. Foreign Language Key Words • Foreign language key terms against foreign language text • 20 English terms can easy become 100 foreign language terms • Case level break down so resources can be sourced and allocated g y g g g • A few $100 here can save thousands in attorney review or summary 3. Machine Translation • If viable 1/100th the cost of a human based solution 5 H T l ti 4. Foreign Speaking Document Review Attorneys • Typical discovery review by bilingual attorney reviewers 5. Human Translations • Summary Translations – Short objective or subjective summary for English attorney review • Basic Translation – Internal usage. For Information Purposes Only “FIPO” • Limit full translation to a limited number of responsive or privileged 7 Limit full translation to a limited number of responsive or privileged documents
  • 8. Leveraging Language Technology Across ESI CollectionsLeveraging Language Technology Across ESI Collections English Review Data Collection and Processing Automated Language Identification Load for Review Machine Translation Privileged and Responsive IdentifiedIdentified Human Translation 8
  • 9. How Do You Define Success?How Do You Define Success? Traditional translation companies define THEIR success by the number of words they translate for you.  e.g. 20,000 words @ $0.25 a word At Merrill Brink, we define OUR CLIENT’S success by the number f d d NOT t l t O l i t i di id llof words we do NOT translate. Our goal is to individually process each document in the most cost effective manner from the beginning to end of the ESI workflow. By successfully leveraging the 5 tools of translation at the front end of a foreign language data intensive investigation, the goals of translation and eDiscovery are mutually aligned.  eDiscovery – Only produce documents which are relevant to the case  Merrill Brink – Only translate documents that must be submitted to official bodies (DOJ/SEC, etc.) 9
  • 10. Case StudyCase Study Multinational Telecom: Internal FCPA investigation Start - 1,000,000 documents Step 1 - Language Identification culled 350,000 English documents Step 2 – Foreign language searching culled 390,000 documents Step 3 – Foreign language contract review of 260 000 documents producedStep 3 Foreign language contract review of 260,000 documents produced 3,000 responsive documents Step 4 – Machine translation performed on larger documents to identify if complete translation was neededp Step 5 – Full translation of 3,000 documents (.3% of total population) 10
  • 11. Case Study in ActionCase Study in Action English Review 1,000,000 docs Language ID culled 350,000 English docs 350,000 English docs Foreign language searching culled 390 000 d Data Collection and Processing Automated Language Identification Load for Review Machine Translation Privileged and Responsive Identified 390,000 docs Identified Human Translation Foreign language contract review of 260,000 docs produced 3,000 responsive docs Full 11 translation 3,000 docs .3% of total population
  • 12. Merrill Corporation OverviewMerrill Corporation Overview Empowering communications of the world’s leading companiesp  Headquartered in St. Paul, Minnesota  Founded in 1968  40-plus years experience handling highlyp y p g g y confidential financial, transaction and legal information  More than 5,000 employees in 85 l b l l ti85 global locations  Offices in Europe, Asia, Australia and more  Affiliate relationships worldwideAffiliate relationships worldwide  Global infrastructure, local presence 12
  • 13. Merrill Brink International: Corporate Language SolutionsMerrill Brink International: Corporate Language Solutions for a Global Company Industry-leading tools, people and a track record of successa track record of success  Translation, localization and globalization industry leader for more than 35 yearsy  Wholly owned subsidiary of Merrill Corporation  Recognized for our commitment to quality and leveraging technologyquality and leveraging technology  Reduce costs  Eliminate redundant processes  Accelerate translation life cycles Prod ction facilities in the U S and Production facilities in the U.S. and Europe, and locations around the globe 13
  • 14. Compete in Any Language – Anywhere in the WorldCompete in Any Language Anywhere in the World Merrill Brink Production Hubs St. Paul, MN New York, NY G l I l dGalway, Ireland London, England Global Affiliates North American Offices Atlanta Baltimore Birmingham Boston Chicago ll Australia China/Singapore Croatia Denmark Egypt France Dallas Houston Jackson Los Angeles Miami New York Philadelphia Germany Hong Kong Hungary India Israel Italy Netherlands Global Offices Paris FrancePhiladelphia San Diego San Francisco Seattle Washington, DC Calgary, Alberta Montreal, Quebec Netherlands Norway Portugal Russia Spain Sweden South Africa Paris, France Frankfurt, Germany Chennai, India Hong Kong Dublin, Ireland Christchurch, New Zealand Singapore 14 Toronto, Ontario Vancouver, British Columbia Switzerland U.A.U. Sweden Australia
  • 15. Professional, Expert Linguists for Technically PreciseProfessional, Expert Linguists for Technically Precise Results Rigorous application and testing process criteria qualifies l 5 f li f li i i ionly 5 percent of applicants for linguist positions  Education and professional certifications  Native speakers of target language  Minimum of 5 years experience translating into native language Minimum of 5 years experience translating into native language  Subject matter expertise in specific industries 15
  • 16. Contact InformationContact Information Jay Rosen Vice President, Language Solutions http://www.linkedin.com/in/jayrosen Merrill Brink International 310.729.6746 cell 818.593.2338 direct www.merrillbrink.com jay rosen@merrillcorp comjay.rosen@merrillcorp.com FCPA Translation & Multilingual Document Review Solutions Investigations | Monitor | Compliance | Codes of Conduct | eLearning 16