By Richard Rothfelder, Rothfelder and Falick. Billboard Insider reported in its January 22nd edition on rights of first refusal (“ROFR”) clauses in billboard leases. The article also provided a suggested ROFR provision, and recommended using such a clause to prevent Landmark Infrastructure or other unanticipated entities from becoming an unfriendly […]
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Rothfelder on the PA Tax Decision
The Chichester School District, et al opinion from the Commonwealth Court of Pennsylvania reported in the January 4 edition of Billboard Insider illustrates the appraisal issues for billboards and the land on which they are situated in two different contexts, namely for ad valorem taxes vs condemnation. This Pennsylvania case […]
Richard Rothfelder’s Three Legal Predictions for 2019
Insider asked me to provide my top three predictions for legal activity for the out of home industry in 2019. Several industry leaders have recently submitted their predictions to Insider on a variety of topics, including the comprehensive political report of OAAA Legislative Committee Chairman Pat O’Donnell. Without duplicating those […]
Rothfelder on Repair of Damaged Signs – Part 2
I talked yesterday about natural disasters and how their occurrence reminds us that billboards and other forms of out of home advertising can become vulnerable. Whether your structure is conforming or nonconforming is important to know. So what do you do in the event you have damaged nonconforming structures? Most sign, […]
Rothfelder on Repair of Damaged Signs
I met Jim Moravec of Stott Outdoor Advertising at the OAAA Legal Seminar last month. As reported in the November 14th edition of Billboard Insider, the homes of several employees of Stott were destroyed by the devastating fires across California, specifically the Camp Fire near the City of Paradise. Now […]
Richard Rothfelder On The OAAA Legal Seminar
I attended, for about the 15th time in a row, the bi-annual OAAA Legal Seminar on November 13 and 14. This year the seminar was held at the Westin New York Times Square, and as usual, it was well attended by billboard attorneys and principals from across the country. And, […]
Rothfelder on Political Advertising
By Richard Rothfelder, Rothfelder and Falick With the 2018 Midterm Elections less than a month away, I have received numerous questions from my corporate and individually owned billboard clients regarding political advertising on their billboards: What can be advertised for state and federal elections? What rules apply and how do […]
Rothfelder on Vaping Billboard Ads
By Richard Rothfelder, Rothfelder and Falick At last week’s IBOUSA conference in Columbus, I presented a power point on “Objectionable or Defamatory Messages Displayed on Billboards: What the Operator Can Refuse to Display, and How He Can Protect Himself.” In general, I reported that the operator of a privately owned […]
Rothfelder on Defamatory Ads
By Richard Rothfelder, Rothfelder and Falick. Insider sent me a couple articles about lawsuits brought against advertisers who had displayed defamatory or misappropriated advertisements on billboards. In a New Hampshire case, the owner of a mortgage company who used electronic billboards (as well as the radio, television, and internet) to […]
Rothfelder on “Art vs. Sign”
By now, most of us have read in Billboard Insider and other publications about the US Supreme Court’s 2015 decision in Reed vs Town of Gilbert, basically holding that regulatory distinctions based on the content of messages displayed on signs violate the First Amendment. But, what about the more fundamental […]