Remarks by M. Sean McMillan

Abstract

Like Mr. Stevens, I am engaged in the practice of international corporate law. I would like to outline briefly my view of the role of the practising U.S. attorney whose clients are involved in international transactions—the “transnational lawyer.” These lawyers should be competent to give advice on the laws of more than one country and must be able to evaluate the relative legal advantages of particular business decisions as they are affected by the laws of one country or another. Typically, the transnational lawyer will represent a business enterprise in its operations abroad, or he may represent a foreign enterprise in connection with its operations in the United States. In the latter capacity, his considerations are generally no different than those of his fellow “domestic” corporate lawyer. Although the decisions of the foreign business enterprise may be affected by the laws of its domicile, the legal considerations for the U.S. attorney are usually those of any transaction occurring domestically.