NEWS

News


MS&K Alerts and Legal Updates

  • Supreme Court Upholds Reasonable Searches of Employee Text Messages July 2010
  • The U.S. Supreme Court recently upheld a city police department’s search of an officer’s text messages sent and received on his department-issued pager because there was a legitimate reason for it, and the scope of the search was reasonable. In this unanimous decision, the Supreme Court overruled the Ninth Circuit, which had held that the search violated the officer’s privacy because a supervisor has made an exception to the department’s written policy.
  • Compliance by Charities With the California Professional Fiduciaries Act July 2010
  • Charitable organizations operating in California should be aware of a law that was recently enacted in California. The law's scope is broad and could have a significant impact on charities that provide trustee services for various types of trusts, including charitable remainder trusts, charitable lead trusts, and pooled income funds.
  • CPSC Issuing Its Own Detention Notices June 17, 2010
  • Effective June 14, 2010, the U.S. Consumer Product Safety Comission (CPSC) has started using detention notices for possible violations of its laws and regulations rather than leaving that function in U.S. Customs and Border Protection’s (CBP) hands, as in the past. If there are both CPSC and CBP violations asserted, an importer will receive a separate notice from each agency. At this time, CPSC has yet to explain on what authority it will be issuing the detention notices instead of CBP, but this could be a blessing in disguise. First, CPSC staff have made clear their intention to be specific about the reasons(s) for the detention, rather than CBP’s more vague explanations, e.g., "admissibility" or "CPSC." Second, given the complexity of consumer product safety issues, it is really only the CPSC staff which is knowledgeable, so why not deal with them directly? Here is how the Commission hopes this process will work.

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