It seems like “Hurricane Season” arrives earlier and leaves later every year, and that’s certainly been the case in my hometown of Houston and the Gulf Coast. This year, the devastation caused by Hurricanes Beryl, Debbie, and several others has been enormous, tragically taking hundreds of lives and causing billions […]
Tag: Rothfelder and Falick
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 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 & Falick on TX vs KEM Outdoor & Leasehold Compensation
The Texas Court of Appeals, for the Thirteen District in Corpus Christi, decided a very important condemnation case on billboard leasehold compensation on November 16, 2023. Rothfelder & Falick partners Mike Falick and Chris Rothfelder handled the case for KEM Outdoor, a Texas billboard operator, at the trial and appellate […]
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 […]
Rothfelder on Ruling that HB 2127 is Unconstitutional
I’ve written previously on the new controversial Texas law, HB 2127, dubbed the “Texas Regulatory Consistency Act” by its supporters and the “Texas Death Star Bill” by its detractors. In general, the bill broadly preempts and invalidates local ordinances that are “inconsistent” with State law, including arguably municipal sign codes. […]