Legal

Rothfelder on the Demise of the Chevron Doctrine in Billboard Regulation

My friend and OAAA Association Counsel Allen Smith wrote an excellent article in the July 10th edition of Billboard Insider on the Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises vs Raimondo. As Allen explained, The High Court effectively eliminated the deference afforded federal administrative agencies in their interpretation of ambiguous […]

US Supreme Court Decision Potentially Impacts OOH Industry Regulations

Insiders Note: We had a reader ask us if there was a ruling from the recent slate of cases before the Supreme Court that might impact the industry.  We reached out to the OAAA and J. Allen Smith, OAAA Association Counsel and he provides this perspective. The United States Supreme […]

You don’t have to sign a lease for it to be binding

A lease may be binding even if both parties haven’t signed it.  That’s the surprising conclusion of Rode Oil Company v  Outdoor Communications, Inc.  Here are the facts. In June 1995 Rode Oil Company signed a lease with Outdoor Communications.  The lease began: “RODE OIL CO. INC. as Lessor hereby […]

A recorded memorandum of lease reduces legal disputes.

The usual out of home industry legal practice is to record a memorandum of lease as opposed to the full lease in order not to disclose proprietary details to competitors or other landlords in a market.  A Billboard Insider Reader asked “Is there potential for a lawsuit if a new […]

Marnie Cody on what to include in a memorandum of lease

The usual out of home industry legal practice is to record a memorandum of lease as opposed to the full lease in order not to disclose proprietary details to competitors or other landlords in a market.  A Billboard Insider Reader asked “Is there potential for a lawsuit if a new […]

Rothfelder on Memorandums of Lease

The usual out of home industry legal practice is to record a memorandum of lease as opposed to the full lease in order not to disclose proprietary details to competitors or other landlords in a market.  A Billboard Insider Reader asks “Is there potential for a lawsuit if a new […]

Rothfelder on Billboard Access and Prescriptive Easements

Virtually every State requires that the operator demonstrate private access for the erection and maintenance of his billboard. The Texas Department of Transportation, for example, states in 43 Texas Administrative Code Section 21.199(a)(2) that it is a ground for cancellation of the permit if the billboard is maintained from the […]

OAAA Cannabis Map: A Valuable Resource to Guide Members

By: Andy McDonald, SVP, Government Affairs, OAAA In the US, the landscape surrounding cannabis, both for medical and recreational use, continues to evolve  and OAAA assists members in navigating the ongoing changes with the newly-updated Cannabis Map.  This resource offers members important insights into one of the OOH industry’s fastest […]

Rothfelder on the FTC’s Non-Compete Rule

On April 23, 2024, the Federal Trade Commission issued an administrative rule banning non-competition clauses in employment. FTC Chair Lina Khan explained “noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a […]

Ohio Case Shows Sign Codes Still Subject to Strict Scrutiny

I’d like to call your attention to a recent Sixth Circuit court opinion impacting out of home.  In Norton v St Bernard we  argued that a local sign code was different from Austin in that this code layered content based exceptions on top of the content-neutral on/off-premise classification.  This means […]