Is was February 2021 when Insider first reported that the Shinnecock Indian Nation had publicly refused a state order to cease construction of a second digital billboard on Sunrise Highway on Long Island despite a threat of fines and forceful removal of the tribal structures, arguing the state “lacks authority […]
Legal
FINCEN Reporting Off – For Now
Billboard Insider has criticized FINCEN Beneficial Ownership filing requirements which impose new shareholder reporting requirements on small businesses. The legal status of the rules has been changing day by day. On December 5 a federal judge issued a nationwide injunction against enforcing the reporting requirements. The reprieve was short-lived. […]
Final Update on the 2024 Outdoor Associations by State
A big shout out to Andy McDonald of the OAAA, who put significant energy into getting us a completed look at each state, whether they have an association and contact information for the states that have an active Out of Home organization. What if your state does not have an […]
Rothfelder on Marijuana Outdoor Advertising
The Fifth Circuit Court of Appeals decided on November 22, 2024 an interesting First Amendment case involving the advertising of marijuana. Here’s the facts: The State of Mississippi passed in 2022 the “Mississippi Medical Cannabis Act,” which authorized the sale and use of marijuana for certain medicinal purposes. The Act […]
OAAA’s Mike Hershey’s Election Recap
We asked OAAA’s Mike Hershey for his perspective on the 2024 elections and what it means for our industry in 2025. Took a few weeks because of some tight races, which finalized this week and who President Elect Trump was naming for key positions. Below, Mike outlines changes in the […]
The Courts Stop FINCEN Overreach – For Now
Billboard Insider has been critical about the FINCEN Beneficial Ownership Information filing requirements which would impose complicated record keeping requirements on every US small business. The rules were supposed to have gone into effect December 31, 2024. Some good news. Out of home attorney Richard Hamlin tells Billboard Insider that […]
Rothfelder & Falick: OOH Legal Review of 2024 and Predictions for 2025
While there were few major cases decided by the US or various state Supreme Courts directly effecting the billboard industry in 2024, the year was full of cases indirectly effecting the industry. For example, the Supreme Court issued a couple of cases that seem to further the judicial and perhaps […]
Chris Rothfelder on the Importance of Reps and Warranties
Out of Home attorney Chris Rothfelder writes this in response to our article yesterday on Asset Sale Reps and Warranties. Our firm has been fortunate to represent countless clients that have bought and sold out of home assets from coast to coast, ranging from trades of single permits to the […]
Asset Sale Reps and Warranties – How Much is Enough?
When you sell out of home assets, you make reps and warranties to the buyer. There are two approaches. Full reps and warranties This is the best way to get top price for your out of home assets. Sellers will pay more if you agree to this long list of […]
Rothfelder on Constitutional Requirement for Jury Trials in Administrative Penalty Cases
By Richard Rothfelder, Rothfelder & Falick An all too familiar piece of correspondence received by our billboard clients from TxDOT or other State DOTs is the Notice of Administrative Penalties or Notice of Illegal Sign. You know the form, in which TxDOT recites vague factual allegations, which in turn supposedly […]