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 […]
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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 […]
Rothfelder & Falick on IBO Spring Conference in Louisville
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 […]
Rothfelder on Political Advertising on Billboards
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 […]
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 […]
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 […]
Rothfelder On Being a City Attorney
It sometimes seems like a lifetime ago, but some may recall that I served as the Mayor of Southside Place, Texas, a primarily residential suburb of Houston, for about 16 years. And, during the past decade since retiring from political office I’ve been the City Attorney for Southside. The Firm […]
Rothfelder on the IBO Conference and Drafting and Litigating Leases
Chris Cowlbeck, Becky Smith, and the entire crew at IBO have once again scheduled a fun and informative Fall Conference at the Hyatt Regency Hotel in Indianapolis for October 3 through 6. It all starts with a golf tournament at Hillcrest Country Club on Tuesday, followed by great sessions […]
Rothfelder on Ruling that HB 2127 is Unconstitutional
I’ve written previously on the new controversial Texas law, HB 2127, dubbed the “Texas Regulatory Consistency Act” by its supporters and the “Texas Death Star Bill” by its detractors. In general, the bill broadly preempts and invalidates local ordinances that are “inconsistent” with State law, including arguably municipal sign codes. […]