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 […]
Tag: Richard Rothfelder
Norton Outdoor v Cincinnati
By Richard Rothfelder, Rothfelder and Falick Norton Outdoor Advertising (“Norton”) sued the City of Cincinnati (“the City”) when the City passed a new tax on billboard revenues (“the Tax”) to become effective on July 1st. Norton is arguing that the Tax is an unconstitutional violation of their freedom of speech. […]
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 taxes, foreclosures and billboard easements.
Insider received a call from an investor with the following question: I bought a piece of property at a distressed sale. There’s a billboard on the property which is leased to an out of home company. There are back taxes due on the property. I want to create an easement […]
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 […]
Billboard Legal: Mitigating End of Lease Costs
By Richard Rothfelder, Rothfelder and Falick Fairway Outdoor Advert. v. Edwards, 197 N.C. App. 650 (2009). Introduction Sometimes you must pour a huge cement foundation to anchor a billboard and a landlord then paves, landscapes, or builds around your billboard. In those cases, the cost of removing the concrete foundation […]
Texas Court Moots Auspro Challenge
By Richard Rothfelder, Rothfelder and Falick Introduction On April 6, 2018, the Texas Supreme Court granted TxDOT’s Petition for Review and without hearing oral argument, issuing a formal opinion, or considering the merits of the case, vacated the judgments of the Court of Appeals and trial court (which ruled the […]
Rothfelder on a Successful Takings Case
You may have redress if a city misinterprets sign rules to get you to take down a sign. Richard Rothfelder of Rothfelder and Falick talks here about City of Houston v. De Trapani, a successful takings case he litigated against the city of Houston. Introduction The City of Houston (the […]
Rothfelder on Unilateral Lease Renewal Provisions
Last week Insider discussed automatic renewal clauses in billboard leases. Insider asked billboard attorney Richard Rothfelder of Rothfelder & Falick to review the legal issues associated with automatic renewal clauses. Rothfelder handled several cases involving unilateral and perpetual lease provisions. Introduction If a lease grants the Lessee the unilateral power […]
Vinyls Needed For Harvey Victims
By Richard Rothfelder, Partner, Rothfelder and Falick I hope you survived Hurricane Harvey with minimal loss. My family was very fortunate to have avoided any meaningful damage. However, not all were so lucky, including the thousands of victims that suffered catastrophic wind damage to their homes and businesses in the […]