Language matters and imprecise language creates legal problems. That’s the lesson of Seymour versus Lamar Advertising. Here are the facts Hoosier Outdoor entered into a lease with the Elmore Limited Partnership to put 3 billboards on property in Seymour, Indiana. The lease was for six years and contained the following […]
Join us for a seminar designed to update legal practitioners and advocates on the most important litigation and trends facing the OOH industry— moderated by OAAA’s legal counsels Eric Rubin and Kerry Yoakum. The OAAA’s legal talent will cover pending and future legal issues facing out of home media. […]
Many landlords want to terminate a billboard lease on sale of a property. Ambiguous termination of sale clauses can lead to future disputes. That’s the lesson of Lamar Outdoor Advertising v Harwood. Here are the facts. In 1994 Pridemark Outdoor entered into a 10 year lease with a 10 year […]
Many landlords ask for the right to terminate a billboard lease in the event that it interferes with the sale or development of a property. There are perils in broad development clauses That’s the lesson of Lamar vs By-Pass Partners. Here are the facts. In the late 1980’s Outdoor Communications, […]
By Richard Rothfelder, Rothfelder and Falick The Texas Supreme Court recently rendered an opinion in a contract dispute between a couple of major pipeline companies that has a tremendous effect on the way billboard companies do business, as well as on commercial transactions in general. Specifically, in a unanimous decision […]
Three lessons in Viacom v Wixon Jewelers: (1) Beware of breaches in multi-year ad contracts. (2) Testify carefully because what you say may be used against you. (3) Thank goodness for appellate courts. Here are the facts. In 2005 Viacom signed three one year sales contracts with Wixon Jewelers […]
Out of home companies sometimes require employees to sign a non-compete agreement in which they agree not to go to work for a competitor for a period of time after they leave. Don’t make the terms of your non-compete too broad or it may be unenforceable. That’s the lesson of […]
A Maryland appeals court yesterday ruled that a Baltimore City excise tax on billboards does not violate the First Amendment rights of Clear Channel Outdoor, upholding a state tax court decision in favor of the City’s Finance Department. Key components of the ruling include: EXCISE TAX – FIRST AMENDMENT An […]
By Richard Rothfelder, Rothfelder and Falick Insider has published articles on providing prospective buyers of property encumbered by signs and leases with actual and constructive notice of the outdoor advertiser’s interests and including notice of the right of first refusal in billboard leases. Insider brought to my attention a […]
Having your independent contractors sign waiver language can mitigate your risks. That’s the lesson of Holmes v. Clear Channel Outdoor. Here are the facts. Fred Holmes was an experienced billposter who signed an independent contractor agreement with Eller Media. The independent contractor agreement contained this waiver language: “Contractor hereby waives […]
