A Billboard Insider reader asks: “I am carving out a billboard easement on a property which I own and want to sell. How big should the easement be. Should it just cover the base of the sign (10’ by 10’ ) or should it be larger (say 50’ by 50’) […]
Tag: Rothfelder and Falick
Rothfelder on Invalidation of FTC’s Ban on Non-Compete Agreements
As I reported in the May 7, 2024 issue of Billboard Insider (“ROTHFELDER ON THE FTC’s NON-COMPETE RULE”), the Federal Trade Commission issued an administrative rule banning non-compete agreements in employment. These non-compete clauses are regularly used in the out of home industry, and are designed to protect the business […]
Rothfelder On Settlement Of Billboard Condemnation Cases
The process of eminent domain or condemnation, under which the government can take private property for public use, is usually frustrating and often unfair. Whether the property owner likes it or not, the only safeguard and check on this awesome power is the constitutional obligation to pay just and adequate […]
Rothfelder on Repair of Storm Damaged Signs
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 […]
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 […]
