Appellate Law News and Insights

On May 22, 2025, the Supreme Court of the United States affirmed prosecutors' ability to pursue mail and wire fraud charges under the "fraudulent inducement" theory. Under that theory, a defendant need not intend to cause economic harm. As this blog previewed before and after oral argument in Kousisis v. United States, the U.S. Department...

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One of the core competencies of a good appellate lawyer is spotting arguments that have been preserved. Whether you're the appellant or the appellee, knowing when an argument is properly preserved goes a long way. The United States Court of Appeals for the Fourth Circuit publishes very few opinions, so...

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Bankruptcy trustees and chapter 11 debtors-in-possession ("DIPs") frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable non-bankruptcy laws because the statutory "look-back" period for avoidance under many non-bankruptcy laws exceeds the two-year period governing avoidance actions under...

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