California out of home attorney Richard Hamlin had this comment on Rothfelder on Unrecorded Leases and Constructive Notice. Early in my OOH career, I asked my client why they did not record their leases. He said it became too much of an administrative burden to deal with requests to release […]
Tag: Richard Rothfelder
Rothfelder On Texas SB 19 And The First Amendment Right To Refuse Firearm Ads
It seems like everyday there’s a new mass shooting, whether its Uvalde, Buffalo, Parkland, Sandy Hook, and on and on. And, just as predictably, there’s more and more talk about gun control legislation. Especially in these tragic times, everybody appears to have an opinion under the Fourth Amendment, namely whether […]
Rothfelder On Lamar vs TxDOT And Sovereign Immunity
The Texas Court of Appeals, for the 14th District in Houston, issued its opinion on May 12, 2022 in Lamar vs Texas Department of Transportation, holding that TxDOT has sovereign immunity against Lamar’s claims that it’s “officials interpreted the rules incorrectly when more than four years after Lamar last paid […]
City of Austin v Reagan: What It Means, and What’s Next
By Richard Rothfelder, Rothfelder & Falick By now, most know the facts: On April 21, 2022, the U.S. Supreme Court in a 6 to 3 decision reversed the Fifth Circuit Court of Appeals’ decision in City of Austin vs Reagan National Advertising, which held the Austin Sign Code violative of […]
Supreme Court Upholds On/Off Premise Distinction in Austin v Reagan
As anticipated, the Supreme Court issued their ruling on Reagan v Austin. Insider has initial comments below on the ruling and you can expect more as we all get a chance to research the opinion in more detail. From Richard Rothfelder, Rothfelder & Falick, LLP: In a 6 to 3 […]
Rothfelder on Application of CDC Mask Mandate Invalidation to Billboard Administrative Rules
by Richard Rothfelder, Partner, Rothfelder and Falick Once again, controversial national events have application to the billboard industry, in this case on billboard administrative rules. In particular, on April 18th, a Federal District Judge ruled that the mask mandate rules imposed by the U.S. Center on Disease Control (“CDC”) were […]
Rothfelder on Covenants Not To Compete
As readers of Billboard Insider, you’ve undoubtedly seen from the frequent notices in the publication the tremendous amount of acquisitions of out of home assets recently. In addition to asset purchase agreements and assignment of interests, these transactions often include covenants not to compete. More specifically, the purchaser of the […]
Rothfelder On How To Influence A Sign Code Amendment
Billboard Insider recently reported on how four operators joined forces to impact the January 6th amendment to the Clovis, New Mexico Sign Code. These operators, namely Lindmark, Choice Media, Fluhman Media, and Clovis Sign & Service, lead a grass roots efforts with the local business community, which along with some […]
Rothfelder’s OOH Legal Predictions For 2022
Little did I know after enthusiastically bidding good riddance to 2020 in my Billboard Insider article on 2021 OOH legal predictions, there would be a few days later an insurgence at the Capital, followed by a few weeks later a crippling ice storm in my hometown of Houston and throughout […]
Rothfelder On StreetMediaGroup vs Colorado DOT
Billboard Insider reported in its December 27th edition on the recent decision in StreetMediaGroup and Turnpike Media vs Colorado DOT. This December 6, 2021 opinion from the US District Court for the District of Colorado is extremely important, as it represents the next development in the long running saga of […]