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Last week, we mentioned that oral arguments were held in the Myriad Genetics case (a.k.a. Association of Molecular Pathology v. USPTO). Today, we’ll bring you a brief summary of the oral arguments in that case. The arguments were heard by a panel of three, consisting of Judge Alan D. Lourie, Judge William Curtis Bryson and Judge Kimberly Ann Moore. If you’re familiar with the procedural posture of the case, you may remember that in the first go-round, Judge Lourie was all for isolated DNA patenting as was Judge Moore, (although she was more centrist on the whole idea)....

The D.C. Circuit affirmed a lower court ruling that found a man’s prison sentence constitutional even though it was imposed by a judge after he was acquitted by the jury. In U.S. v Jones, the D.C. Circuit relies on precedent that basically states a sentencing court can base a sentence on acquitted conduct without violating the defendant’s Sixth Amendment right to a trial by jury. Under the D.C. District Court’s ruling, Antwuan Ball and two other D....

The old exploding pen trick. It’s been around for ages. It sounds like something that my parents’ generation would have done for a few good laughs in the ’60s or ’70s. But some things never die–like teenage boys having an interest in things that explode. The difference is that in the age of the war on terrorism, sensitivities and punishments are heightened. What was once considered a prank can now be considered terrorism....

There’s no doubt that family court is not easy on the mind, body, nor soul. Sure, there are some lawyers, judges, and court employees who are spiritually recharged by the very fact that they are there, helping families in a really meaningful way. Those folks are special and deserve to be paid more. But there are also many who have been worn down over the years due to the vicious emotional rollercoaster that is family court, or those who could never handle it to begin with....

After two days of a bloody overthrow in 1963, thousands lay dead in the streets of Iraq and Saddam Hussein was on his way to taking over the country. Robert W. DeKelaita, who grew up in the shadow of the new regime, left the country with his family when he was a child. He went on to become an immigration lawyer near Chicago, focusing his practice on helping Iraqis and others win asylum....

It looks like our neighbors to the north are going through a bit of a crisis in terms of law student priority. In the opinion of a current 2L at the University of Manitoba, the climbing tuition rates of law school is possibly hurting public interest. Rather that pursuing public interest work, debt-laden law students are motivated to seek higher paying corporate jobs. These same observation can be made down south....

They’re up, they’re down, and they’re up again. The Department of Labor’s latest monthly report shows that the legal industry gained 4,700 jobs in September, a large increase following August’s loss. But even those late-summer numbers are looking better in autumnal light. The DoL also revised August’s numbers, saying only 900 jobs were lost that month, rather than 2,000. Any Good News Is Great News Job-seeking lawyers don’t need to start popping champagne bottles, but they can still appreciate the good news....

There are lots of reasons people get drunk. Sometimes it’s an accident, sometimes it is on purpose, and sometimes it is to stay warm while waiting for help. That last reason was good enough to get a Missouri man a not guilty verdict at his DUI trial. Thomas Drummond was driving on an unfamiliar road in Southeast Missouri when he missed a turn, lost control of his car on the ice, and ended up in a ditch....

Susan Brock, 48 allegedly met the boy for sexual relations that started when he was 13. Rachel Brock, 21 also had a relationship with the boy, which allegedly included sending nude photos and videos of herself, or “sexting.” The victim, who is now 17, said that Susan Brock regulary took him in her car to secluded areas where she molested the boy, police said, the New York Daily News reports. Rachel Brock, allegedly molested him at her family’s house....

It was just another day for family lawyer Cindy Harrington Napier when she got a phone message from a Lt. Yates of the Sheriff’s Department, who left an urgent message for her to call him back. When she did, she was shocked – and terrified – to hear that she had failed to appear for jury duty and an arrest warrant would soon be coming. Let us ask you: if this happened to you, would you keep your cool?...

Last month, three criminal defense lawyers and a paralegal were in need of one of their own after they were indicted for allegedly bribing court staff to pass along wealthy clients. Lawyers Dwane Smith, 56; Benjamin Yu, 36; and Jae Lee, 41; along with paralegal Jose Nunez, 47, were charged after the court staffer became a cooperating witness, reports the New York Daily News. That probe expanded this week, when investigators’ eyes turned to Yu’s former mentor, 70-year-old attorney Paul Liber....

A conviction for kidnapping and false imprisonment is affirmed where the trial court did not err in instructing the jury with CALCRIM No. 318 as the instructions did not lessen the prosecution’s burden of proof by elevating out-of-court statements to unquestionable reliability. Read People v. Hudson, No. C059154 in PDF Read People v. Hudson, No. C059154 in HTML Appellate InformationAPPEAL from a judgment of the Superior Court of Shasta County, Steven E....

Raphael A. Sanchez may be wishing he had another identity right now. The attorney for Immigration and Customs Enforcement allegedly stole seven immigrants’ identities to get fake credit cards. A charging document says he emailed documents, including a resident card and a passport, to open credit cards in their names. Sanchez is reportedly working on a plea deal, which he will need to make in his own name. He should know; he was chief counsel for the Seattle office until he was charged....

Tezos raised $232 million in an ‘initial coin offering’ just months ago, but already investors are suing for fraud. The plaintiffs say they have not received promised tokens amidst reports of infighting among organizers of the blockchain project. But if the class action succeeds, will the defendants pay up in cryptocurrency? It’s not a real question – just like virtual currency is not real money. It begs some questions, however, like: Why did people give up so much real money to get digital coins?...

Apple is one of the most recognizable brands in the world. According to Forbes, it’s also one of the most valuable. So it’s no surprise that the company faces more than its fair share of litigation. The legal battles between Apple and Samsung get the most headlines. We’ve covered that drama closely in our Federal Circuit blog and beyond. But not all litigation involving Apple involves Samsung. So here’s a look at some of the recent Apple lawsuits at the Federal Circuit that you might have overlooked....

Owners of pets in Massachusetts got the news they wanted when Gov. Deval Patrick signed a piece of legislation that allows for pet trust law in the state. The bill not only allows owners to take care of their pets in pet wills, but the bill would help the state out in terms of spending. “Having trust mechanisms is just one more tool to try and keep pets in homes and out of shelters,” Kara Holmquist, director of advocacy for the Massachusetts Society for the Prevention of Cruelty to Animals, told the Boston Herald....

In the Trump family, it’s not uncommon for the children to follow in their parents’ footsteps. Donald Trump took over his father’s real estate business. Ivanka and Donald Junior joined their dad on “The Apprentice.” Now, Donald Junior and Eric Trump are managing the Trump Organization, after the president withdrew from the day-to-day management. Even Barron’s name suggests that his parents might want him to follow his father into politics....

Philadelphia police have arrested Black Madam – a “transgender ‘goth hip-hop artist’” known for administering illegal silicone butt injections. Black Madame, legally known as Padge Windslowe, was picked up at a local ‘pumping party’ where she was getting ready to dole out some injections. Police caught up with her after a 23-year-old woman was taken to the hospital with a pulmonary embolism. The silicone used in Black Madam’s butt injections had migrated into the woman’s lungs....

When it comes to states experimenting with expansive and progressive environmental laws, no other state is as environmentally conscious and curious as California. What’s more is that Californians’ efforts have made a significant impact throughout the country. It has gotten to the point where California basically sets the national standards, since corporate entities that wish to do business in California simply find it more cost effective to follow California’s environmental laws than to create separate product lines for California and the rest of the country....

Coming back from winter break can be a real drag sometimes. Going from large family gatherings, hearty meals, and hard-earned celebration and relaxation to law classes and hours of daily reading isn’t easy. However, when you’re settling back into the thick of school, those bad habits from your holiday break have to end promptly. That means no more sleeping in, no more excessively late nights binge watching Netflix, and it definitely means no more drinking a whole punchbowl of heavily-spiked eggnog on a Tuesday night....