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 […]
The process of eminent domain or condemnation, under which the government can take private property for public use, is usually frustrating and often unfair. Whether the property owner likes it or not, the only safeguard and check on this awesome power is the constitutional obligation to pay just and adequate […]
It seems like “Hurricane Season” arrives earlier and leaves later every year, and that’s certainly been the case in my hometown of Houston and the Gulf Coast. This year, the devastation caused by Hurricanes Beryl, Debbie, and several others has been enormous, tragically taking hundreds of lives and causing billions […]
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 […]
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 […]
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 […]
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 […]
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 […]
Chris Cowlbeck, Becky Smith, and the rest of the crew at IBO are once again planning a fun and educational Spring Conference in Louisville at the Hyatt Regency on April 2 through 5. There will be the usual mix of dinners and breakout sessions for networking and catching up with […]
With Super Tuesday approaching, we at Rothfelder & Falick have received numerous questions from our corporate and individually owned billboard clients regarding political advertising on their billboards, like: What can be advertised for state and federal elections? What rules apply and how do they differ? What if the advertising is […]
