Tag: Richard Rothfelder

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 […]

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 […]

Billboard Leases and Unpaid Taxes

You can protect your billboard leases from being extinguished by a non-governmental foreclosure by recording your leases or easements.  Government foreclosure for unpaid taxes is another matter.  Read this risk disclosure on page 7 of the rating documents for the $505 million Adams Outdoor debt issue: “If the fee simple […]

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 […]

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 […]