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 […]
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 […]
As usual, Becky Smith, Chris Cowlbeck, Sarah Davis, and the rest of the outstanding crew at IBO have scheduled a fun and educational Fall conference. This year, we’ll be meeting at the Sheraton Ft. Worth Downtown Hotel, from October 8 through 11. The agenda is packed full of great presentations, […]
Last week, Billboard Insider reported on the required grounds to cancel an outdoor advertising contract, as demonstrated in the Arizona case of Outfront Media vs Hart & Assoc. Specifically, “notice of termination of a contract must be clear, positive and unequivocal,” according to the Court. As such, the comment from […]
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 […]
