Legal

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 […]

Mike Hershey on Cannabis Ad Guidelines

OAAA Executive VP Mike Hershey gave a talk on cannabis and out of home at last week’s IBOUSA show.  Cannabis out of home advertising was $56 million in 2023, one of the fastest growing OOH ad categories.  40 states now have some form of legalized use.   Here are some cannabis […]

IBOUSA From the Perspective of a Billboard Lawyer

I’m not as avid of a Billboard Insider contributor as my father and law partner, Richard Rothfelder, so one of my favorite post-IBO conference, flight-back pastimes is to jot down my takeaways from the preceding conference. Becky Smith, Chris Cowlbeck, and the IBO team continue to outdo themselves with their […]

Rothfelder on National Free Speech Disputes Effecting Billboards

There certainly has been lots of news across the Country on Free Speech disputes, leading to several First Amendment cases recently argued in the Supreme Court, which will likely affect billboard operation and laws. For example, after Facebook, TicTok, Instagram, X (formally known as Twitter), and other social media platforms […]

Andy McDonald Named OAAA SVP of Government Affairs

  WASHINGTON, D.C. – MARCH 26, 2024 – the leading trade group representing the entire OOH advertising industry, announced the appointment of Andy McDonald as its new Senior Vice President, Government Affairs.  In this role, McDonald will advocate for the out of home industry at the state and local levels and […]

Paul Wright on Abatement Clauses

In response to Andy Goodman’s article on Abatement Clauses, we would just add that the CalTrans case is obviously not the only time (or state law to consider) when visibility issues and abatement can become an issue in billboard leases. There are several reasons to have a good abatement clause […]