Tag: Richard Rothfelder

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 […]

Outdoor Legal: Repairing Signs Damaged By Storms

Hurricanes and windstorms can damage billboards.  This can create legal issues, especially if you want to rebuild a non-conforming sign which has been damaged by hurricane.  City of Webster v SignAd is a legal case in which an out of home advertising company successfully contested a city’s efforts to prevent […]

Texas Transportation Commission Against Removing Billboard Height Restrictions.

Insider has learned that the Texas Transportation Commission voted 3 to 2 at an August 31, 2017 meeting to eliminate a proposed change by TxDOT to the state’s billboard regulations which would have removed the 42.5′ height standards for new and relocated billboards.  A 42.5′ height limit will be formally […]