Temporary Interstate Transactional Practice in the United States and Europe – Keeping Up with Modern Commercial Realities

Abstract

The globalization of the financial markets and technological innovation have contributed to a broad geographical expansion of corporations’ areas of interest. Providers of legal services seek to break through established local barriers to practice law in order to better cater to their clients’ needs. The European Union has been increasingly liberalizing interstate transactional practice of law within its member States. In the United States, on the other hand, there is a lack of jurisprudence permitting such practice. This Note examines the limits imposed by past decisions of the U.S. Supreme Court in the area of interstate transactional practice and argues in favor of a more liberal approach, through an expansive application of the Privileges and Immunities Clause doctrine.