Last week, Billboard Insider reported on the required grounds to cancel an outdoor advertising contract, as demonstrated in the Arizona case of Outfront Media vs Hart & Assoc. Specifically, “notice of termination of a contract must be clear, positive and unequivocal,” according to the Court. As such, the comment from […]
Legal
Be Careful When You Make Collection Threats
Be careful when you make collection threats. That’s the lesson of Lamar Advertising versus Modifications of America. Here are the facts. In 2010, Modifications of America (“Modifications”) signed contracts to advertise on Lamar Advertising billboards. The advertising ran from June 21, 2010 to September 30, 2010. On August 23, 2010, […]
Big Brother wants to know more about your private out of home company.
What’s a little known law which is about to impose more reporting requirements on your private out of home company? The answer is FINCEN’s Beneficial Ownership Information filing requirements. FINCEN is a fancy acronym which stands for the US Tresury’s Financial Crimes Enforcement Network. Effective December 31, 2024 most private […]
Andy Goodman on Right Sizing an Out of Home Easement
Today Out of Home leasing and development expert Andy Goodman talks about how to size an out of home easement. What’s the right size for an easement? The size of the easement will vary depending on the design of the structure. On a 14′ by 48′ back-to-back structure, I would […]
I’m inclined to cancel my OOH contract is not the same as I’ve cancelled
“I’m inclined to cancel my ooh ad contract” is not the same as “I’ve cancelled.” That’s the lesson of OUTFRONT Media vs Hart. Here are the facts. In May 2016 the Georgia law firm Hart and Associates signed an agreement for advertising on multiple billboards (“Agreement”) for 12 four week […]
7 Out of Home Legal Experts Talk Easements
A Billboard Insider reader asks: “I am carving out a billboard easement on a property which I own and want to sell. How big should the easement be. Should it just cover the base of the sign (10’ by 10’ ) or should it be larger (say 50’ by 50’) […]
Billboard Lease Termination Should Depend on You
Make billboard lease termination dependent on your opinion of economic feasibility. That’s the lesson of M-59 Joy vs Lamar Advertising. Here are the facts. In 2008, Lamar Advertising entered into leases for 2 billboards in Michigan on land owned by M-59 Joy, LLC. The leases had a 10 year terms […]
Rothfelder on Invalidation of FTC’s Ban on Non-Compete Agreements
As I reported in the May 7, 2024 issue of Billboard Insider (“ROTHFELDER ON THE FTC’s NON-COMPETE RULE”), the Federal Trade Commission issued an administrative rule banning non-compete agreements in employment. These non-compete clauses are regularly used in the out of home industry, and are designed to protect the business […]
Reader Feedback on the Texas DOT vs Primary Media
An eastern out of home executive weighs in on the Richard Rothfelder”s article reviewing Texas DOT vs Primary Media. “Seems like the judge got it wrong. I haven’t reviewed the case and all the details, but it sounds like the billboard company got screwed. Government not following through on their […]
Ad Contracts Work Both Ways
An ad contract is binding on you as well as your out of home client. That’s the lesson of National Advertising vs Wilson Auto Parts. Here are the facts. In April 1985 Wilson Auto Parts (“Wilson”) signed a 3 year contract to advertise on a 12′ by 36′ billboard owned […]