The usual out of home industry legal practice is to record a memorandum of lease as opposed to the full lease in order not to disclose proprietary details to competitors or other landlords in a market. A Billboard Insider Reader asks “Is there potential for a lawsuit if a new […]
Tag: Richard Rothfelder
Rothfelder on Billboard Access and Prescriptive Easements
Virtually every State requires that the operator demonstrate private access for the erection and maintenance of his billboard. The Texas Department of Transportation, for example, states in 43 Texas Administrative Code Section 21.199(a)(2) that it is a ground for cancellation of the permit if the billboard is maintained from the […]
Rothfelder on the FTC’s Non-Compete Rule
On April 23, 2024, the Federal Trade Commission issued an administrative rule banning non-competition clauses in employment. FTC Chair Lina Khan explained “noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a […]
Rothfelder on National Free Speech Disputes Effecting Billboards
There certainly has been lots of news across the Country on Free Speech disputes, leading to several First Amendment cases recently argued in the Supreme Court, which will likely affect billboard operation and laws. For example, after Facebook, TicTok, Instagram, X (formally known as Twitter), and other social media platforms […]
Rothfelder & Falick on IBO Spring Conference in Louisville
Chris Cowlbeck, Becky Smith, and the rest of the crew at IBO are once again planning a fun and educational Spring Conference in Louisville at the Hyatt Regency on April 2 through 5. There will be the usual mix of dinners and breakout sessions for networking and catching up with […]
Rothfelder on Political Advertising on Billboards
With Super Tuesday approaching, we at Rothfelder & Falick have received numerous questions from our corporate and individually owned billboard clients regarding political advertising on their billboards, like: What can be advertised for state and federal elections? What rules apply and how do they differ? What if the advertising is […]
Rothfelder on Remington v FMG nka Lindmark & Sign Ownership Disputes
Lindmark Outdoor, a long time Texas-based operator and member of IBO and OAAA, scored a partial victory in a dispute over ownership of a billboard with its lessor, Remington. The fact pattern in Remington Sherman Automotive vs FMG North Texas is familiar, unfortunately, to most operators. Lamar entered a ground lease in […]
Rothfelder’s 2023 Review & 2024 Legal Predictions
The year 2023 was full of legal developments, most of which were dutifully reported by Billboard Insider. For example, as reported in the April 3rd edition, the Fifth Circuit Court of Appeals ruled that Austin’s different treatment for digital on and off-premise signs was constitutional in a 2 to 1 split ruling […]
Rothfelder On Being a City Attorney
It sometimes seems like a lifetime ago, but some may recall that I served as the Mayor of Southside Place, Texas, a primarily residential suburb of Houston, for about 16 years. And, during the past decade since retiring from political office I’ve been the City Attorney for Southside. The Firm […]
Rothfelder on the IBO Conference and Drafting and Litigating Leases
Chris Cowlbeck, Becky Smith, and the entire crew at IBO have once again scheduled a fun and informative Fall Conference at the Hyatt Regency Hotel in Indianapolis for October 3 through 6. It all starts with a golf tournament at Hillcrest Country Club on Tuesday, followed by great sessions […]