By Richard Rothfelder, Rothfelder and Falick. Billboard Insider reported in its January 22nd edition on rights of first refusal (“ROFR”) clauses in billboard leases. The article also provided a suggested ROFR provision, and recommended using such a clause to prevent Landmark Infrastructure or other unanticipated entities from becoming an unfriendly […]
Insider asked me to provide my top three predictions for legal activity for the out of home industry in 2019. Several industry leaders have recently submitted their predictions to Insider on a variety of topics, including the comprehensive political report of OAAA Legislative Committee Chairman Pat O’Donnell. Without duplicating those […]
I talked yesterday about natural disasters and how their occurrence reminds us that billboards and other forms of out of home advertising can become vulnerable. Whether your structure is conforming or nonconforming is important to know. So what do you do in the event you have damaged nonconforming structures? Most sign, […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
