Three lessons in Viacom v Wixon Jewelers: (1) Beware of breaches in multi-year ad contracts. (2) Testify carefully because what you say may be used against you. (3) Thank goodness for appellate courts. Here are the facts. In 2005 Viacom signed three one year sales contracts with Wixon Jewelers […]
Out of home companies sometimes require employees to sign a non-compete agreement in which they agree not to go to work for a competitor for a period of time after they leave. Don’t make the terms of your non-compete too broad or it may be unenforceable. That’s the lesson of […]
A Maryland appeals court yesterday ruled that a Baltimore City excise tax on billboards does not violate the First Amendment rights of Clear Channel Outdoor, upholding a state tax court decision in favor of the City’s Finance Department. Key components of the ruling include: EXCISE TAX – FIRST AMENDMENT An […]
By Richard Rothfelder, Rothfelder and Falick Insider has published articles on providing prospective buyers of property encumbered by signs and leases with actual and constructive notice of the outdoor advertiser’s interests and including notice of the right of first refusal in billboard leases. Insider brought to my attention a […]
Having your independent contractors sign waiver language can mitigate your risks. That’s the lesson of Holmes v. Clear Channel Outdoor. Here are the facts. Fred Holmes was an experienced billposter who signed an independent contractor agreement with Eller Media. The independent contractor agreement contained this waiver language: “Contractor hereby waives […]
If an ad is posted, you have to pay for it. That’s the lesson of Superior Outdoor Advertising Company v Snadon. Here are the facts. Gary Snadon dba Shepherd of the Hill Historical Society (“Shepherd of the Hills”) entered into a three year contract to rent 4 billboards from Superior […]
By Richard Rothfelder, Rothfelder and Falick Make sure your billboard lease renewal clauses are consistent. Sometimes one clause in a lease can seem at odds with another. That’s the lesson of Randol v Drury Southwest Signs. Here are the facts. Chester and Dorothy Gereckes signed a lease with Drury Southwest […]
I attended, for about the 15th time in a row, the bi-annual OAAA Legal Seminar on November 13 and 14. This year the seminar was held at the Westin New York Times Square, and as usual, it was well attended by billboard attorneys and principals from across the country. And, […]
Insider caught up with Houston billboard litigation and transaction attorney Richard Rothfelder during the IBOUSA conference in Jacksonville, FL. We asked Richard about the case of Catalyst Outdoor Advertising vs Douglas, in which a billboard company sued a former employee for violations of a non-competition agreement. We discovered that Rothfelder […]
Reuters reported on Friday the 21st that a group of iHeartMedia lenders have signed a cooperation agreement to oppose the debt overhaul of the largest owner of U.S. radio stations and the parent company of Clear Channel Outdoor. Insider has previously reported on iHeart and their proposed debt swap. The proposal […]
