NH House Passes HB 1476 Seeking to Reverse Bail Reform
Reis & O'Keefe Law Blog
by James Reis
2y ago
In March, 2022, the New Hampshire House of Representatives passed HB 1476 intended to peel back bail reform passed just more than three years ago.  In 2019, the legislature passed bail reform that eliminated cash bail for those accused of class B misdemeanors so long as the court found the accused not dangerous to themselves or others. 597:2 (VI). The new proposal targets increased incarceration and cash bail for those already accused or convicted of various levels of crime who are free. Here is the relevant text of HB 1476 that amends RSA 597:2 seeking to lock up those presently released ..read more
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Attorneys Reis & O’Keefe present at NH Public Defender Training
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
February 18, 2022: Attorneys Reis & O’Keefe presented to all NH Public Defenders on the topic of restitution. The lawyers had some great questions and it was a privilege for us to present. Frequently, restitution is required from those who make various agreements as criminal defendants. RSA 651:62 (V) defines restitution as means, money, or service provided by the offender to compensate a victim for economic loss, or to compensate any collateral source subrogated to the rights of the victim, which indemnifies a victim for economic loss under this subdivision. RSA 651:62 (III) defines ..read more
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The NCAA is not above the law
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
These words closed Justice Kavanaugh’s concurring opinion in today’s U.S. Supreme Court decision that  affirmed the Ninth Circuit’s ruling in favor of Alston and other former athletes. In April, we discussed why the Supreme Court was unlikely to fully disrupt the NCAA’s crumbling amateurism. The Court made abundantly clear in the second paragraph that today’s opinion was confined to education-related benefits. The case presented the question of whether “NCAA’s rules violate §1 of the Sherman Act, which prohibits “contract[s], combination[s], or conspirac[ies] in restraint of trade or comm ..read more
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U.S. Supreme Court unlikely to fully opine on NIL in NCAA v. Alston
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
$5,980: The maximum amount a college athlete is allowed to receive under current NCAA regulations.   The U.S. Supreme Court heard oral arguments last week challenging this limit in the NCAA’s appeal of the 9th Circuit’s ruling of Alston v. NCAA. The NCAA had to regret this appeal when all justices save for Justice Breyer critical of its arguments.  The plaintiffs in Alston argue that the NCAA’s restriction on academic compensation violates federal antritrust law.  The NCAA does not have an antitrust exemption.  Instead, the organization claims the current system d ..read more
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Why NCAA v. Alston has limited effect on NIL Legislation in Congress
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
$5,980. This is the NCAA’s limit on academic graduation cash and awards. The NCAA’s appeal of the 9th Circuit’s ruling in Alston v. NCAA reached U.S. Supreme Court oral argument this week. The NCAA had to regret this appeal with all justices save for Justice Breyer critical of its arguments. The NCAA’s core argument is that its current system of college athletics does not violate antitrust law due to amateurism. The NCAA has no antitrust exemption. The obvious inequities of athletes were pointed out by several justices who cited the $5,980 education-related award potential is dwarfed by b ..read more
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How the Biden Administration’s Big Tech Decision Directly Impacts the NCAA and NIL
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
Former President Trump’s top antitrust assistant U.S. Attorney Makan Delrahim cautioned that the NCAA’s approach to NIL “may raise concerns under antitrust laws.” The new U.S. Department of Justice (DOJ) antitrust leader is likely to be Renata Hesse. Hesse has worked for DOJ multiple times in the past two decades and advised behemoths such as Amazon and Google. Recently, she advised Amazon on its $13 billion acquisition of Whole Foods.  The Biden Administration is very cognizant of the big tech Silicon Valley oligarchy and the issue globally impacts daily life. The growing concern over ce ..read more
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Attorney O’Keefe Secures Trademark for PWRFWD
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
I am quite proud to have helped PWRFWD protect their intellectual property through securing this trademark from the United States Patent and Trademark Office ..read more
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Tomorrow’s Election and College Athletes Rights
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
            In anticipation the presidential election the eyes of the world turn to the United States. A variety of pressing social, governmental, and personal issues steer voters’ black Sharpies to specific political parties and candidates. The future of college athletics is not a priority for most voters, however, billions of dollars and thousands of athletes will be affected by the outcome of congressional and presidential races.             Florida is the key. Sound familiar? In December, 2019 the NCAA app ..read more
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New NH Law Requires 10-year Waiting Period to Annul Domestic Violence Convictions
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
New Hampshire domestic violence convictions have joined DWI convictions requiring those impacted to wait 10 years prior to filing a petition to annul. in RSA 265-A:21 provides no annulment petition may be filed for 10 years after the completion of one’s sentence following a DWI conviction.  In 2020, HB 1645 was passed requiring the same 10 year waiting period to annul a conviction for domestic violence offenses under RSA 631:2-b. Domestic violence crimes must be against a family or household member or intimate partner under this law. Assault, criminal threatening, and violation of protect ..read more
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New Law Requires Medication-Assisted Treatment for Inmates
Reis & O'Keefe Law Blog
by Kevin O'Keefe
2y ago
On July 29, 2020, New Hampshire Governor Sununu signed HB 1639 in to law requiring prisoners to be screened for and provided medication-assisted treatment. The broader bill expands coverage because it provides this screening and treatment to all opposed to those previously receiving such treatment prior to incarceration. Many people lose medical insurance while incarcerated or did not have insurance at all. Medication-assisted treatment is vital to reducing recidivism and providing humane treatment to newly incarcerated individuals suffering from opiate withdrawals that affect health and decis ..read more
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