Legal

Private Equity and Out of Home: Avoiding Conflict

Billboard Insider asked out of home attorney Richard Hamlin of Hamlin|Cody to  talk about the legal aspects of private equity.  Today Richard will discuss how to avoid conflict when your out of home company raises private equity.  On Monday he will discuss how to resolve conflict when raising private equity. […]

Run a Title Report Before You Write a Billboard Lease

Out of home attorney Marnie Christine Cody Ware of the Hamlin | Cody Law firm makes an excellent point on the importance of doing research before you write a billboard lease. I read your Tribal Land article  and my immediate thought was this. Separate from tribal land, if you intend […]

Wind Farm Dispute Could Impact Billboards on Tribal Land

Make sure you understand exactly who owns what rights before you put a billboard on tribal land.  That’s the lesson of United States v. Osage Wind, LLC.  The dispute involves a wind farm but has implications for billboards.  Here are the facts. In 1906 the surface estate of the Osage […]

San Antonio Considers a Sign District

Another big city is considering the benefits of large digital signs.  OUTFRONT and the Urban Activation Institute are spearheading an attempt to develop an arts and entertainment district which would include digital signs. San Antonio Report quotes a city staffer as saying that the signs will help activate spaces and […]

OUTFRONT WIns Lawsuit Against San Jose, CA

The San Jose Spotlight reported that Outfront Media won a lawsuit against the city of San Jose after contending that San Jose did not follow proper procedure when they bid out the construction of two digital billboards south of Highway 101 on San Jose Mineta International Airport property. That bid wws […]

Rothfelder on Remington v FMG nka Lindmark & Sign Ownership Disputes

Lindmark Outdoor, a long time Texas-based operator and member of IBO and OAAA, scored a partial victory in a dispute over ownership of a billboard with its lessor, Remington. The fact pattern in Remington Sherman Automotive vs FMG North Texas is familiar, unfortunately, to most operators. Lamar entered a ground lease in […]

Rothfelder & Falick on TX vs KEM Outdoor & Leasehold Compensation

The Texas Court of Appeals, for the Thirteen District in Corpus Christi, decided a very important condemnation case on billboard leasehold compensation on November 16, 2023. Rothfelder & Falick partners Mike Falick and Chris Rothfelder handled the case for KEM Outdoor, a Texas billboard operator, at the trial and appellate […]

Is Separate Consideration a Must for Lease Rights of First Refusal?

You don’t need separate consideration for a lease right of first refusal to be enforceable.  That’s the lesson of Adams Outdoor Advertising v Todd Tarr and Shirley Buchner. Here are the facts. Adams Outdoor Advertising and Shirley Buchner executed a billboard lease in 2008 that contained a right of first […]

Rothfelder’s 2023 Review & 2024 Legal Predictions

The year 2023 was full of legal developments, most of which were dutifully reported by Billboard Insider. For example, as reported in the April 3rd edition, the Fifth Circuit Court of Appeals ruled that Austin’s different treatment for digital on and off-premise signs was constitutional in a 2 to 1 split ruling […]

Can You Take the 5th in a Sign Case?

By Jeff Aran, CSA Counsel Most people know that the Fifth Amendment to the US Constitution provides, among other protections, that no one shall be compelled to give testimony that would tend to incriminate themself. “No person . . . shall be compelled in any criminal case to be a […]