In 2013, I served as a court-appointed expert in consolidated class and individual plaintiff antitrust litigation against Visa and Mastercard in the Eastern District of New York. The litigation involved a challenge to default interchange fees established by Visa and Mastercard, and to certain...

Recent investment litigation against Argentina focuses attention on the necessity defense in customary international law and related provisions in investment treaties. This paper considers, from an economic standpoint, the question of when exigent economic circumstances might create conditions...