If an ad is posted, you have to pay for it. That’s the lesson of Superior Outdoor Advertising Company v Snadon. Here are the facts. Gary Snadon dba Shepherd of the Hill Historical Society (“Shepherd of the Hills”) entered into a three year contract to rent 4 billboards from Superior […]
Tag: legal
Make Lease Renewal Clauses Consistent
By Richard Rothfelder, Rothfelder and Falick Make sure your billboard lease renewal clauses are consistent. Sometimes one clause in a lease can seem at odds with another. That’s the lesson of Randol v Drury Southwest Signs. Here are the facts. Chester and Dorothy Gereckes signed a lease with Drury Southwest […]
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, […]
Covenants Not to Compete and Out of Home
Insider caught up with Houston billboard litigation and transaction attorney Richard Rothfelder during the IBOUSA conference in Jacksonville, FL. We asked Richard about the case of Catalyst Outdoor Advertising vs Douglas, in which a billboard company sued a former employee for violations of a non-competition agreement. We discovered that Rothfelder […]
iHeartMedia Creditors Move to Block Debt Restructuring
Reuters reported on Friday the 21st that a group of iHeartMedia lenders have signed a cooperation agreement to oppose the debt overhaul of the largest owner of U.S. radio stations and the parent company of Clear Channel Outdoor. Insider has previously reported on iHeart and their proposed debt swap. The proposal […]
Outdoor Legal: Don’t Prepay Your Lease Unless You’ve Got a Refund Clause
Many out of home leases require lease payments annually in advance. Is prepaid rent recoverable if a lease terminates early? Not unless you have a refund clause. That’s the lesson of Eujoy Realty v Wagner Communications. Here are the facts: In 2000 Van Wagner Outdoor signed a 15 year lease […]
J. Allen Smith on Cincinnati v Discovery and Ladue v Gilleo
Insider has asked J. Allen Smith to write a series of articles on landmark out of home advertising legal cases. Mr. Smith is a eminent domain and condemnation expert at Settlepou, a Dallas law firm. For more information on Mr Smith, please see Smith’s Settlepou bio. In January Smith discussed Metromedia. Today […]
Outdoor Legal: Not Removing A Billboard At Lease Expiry Is Trespass
Did you know that it’s trespass to fail to remove a billboard when your lease expires? That’s the point of Loukas v Clear Channel Outdoor. Clear Channel Outdoor leased a billboard in Chicago from Loukas, Inc from 1990 to 2012. In 2012 the lease expired. Clear Channel Outoor refused to […]
Limit your out of home liability.
Individual proprietorships account for 167 (6%) of the 2,706 out of home advertising firms in the 2012 US Census as you can see from the following table: 2012 US Census US Out of Home Advertising Firm Legal Structures Insider strongly urges you to switch to an S-Corp or LLC if […]
Together, Through Thick and Thin
In their March Legal Report, OAAA Counsel Eric Rubin explores the ties that bind all outdoor advertising companies. A shared interest in the core legal and legislative issues transcends size and geography. OAAA members range in size from closely-held independent companies that serve a limited number of markets to public […]