Tag: Rothfelder and Falick

Public Necessity Requirement for Billboard Condemnation

By Richard Rothfelder, Rothfelder and Falick Our law firm is currently handling a billboard condemnation case, in which the recent controversy over President’s Trump’s declaration of a national emergency to fund the border wall involves the same basic legal principles. Specifically, our client is facing the usual situation where his […]

Rothfelder on unilateral lease extensions.

Last week Insider published an article by Richard Rothfelder titled “Make Lease Renewal Clauses Consistent.“ Rothfelder has litigated a lots of issues over lease renewal rights, including those that afford the right of the lessee/billboard company to renew the lease on like terms at their sole discretion.   We’re reprinting below […]

Make Lease Renewal Clauses Consistent

By Richard Rothfelder, Rothfelder and Falick Make sure your billboard lease renewal clauses are consistent.  Sometimes one clause in a lease can seem at odds with another.  That’s the lesson of Randol v Drury Southwest Signs.  Here are the facts. Chester and Dorothy Gereckes signed a lease with Drury Southwest […]

Rothfelder on Right of First Refusal in Billboard Leases

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 […]

Richard Rothfelder’s Three Legal Predictions for 2019

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 […]

Rothfelder on Political Advertising

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 […]

Rothfelder on Defamatory Ads

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 […]

Texas Court Moots Auspro Challenge

By Richard Rothfelder, Rothfelder and Falick Introduction On April 6, 2018, the Texas Supreme Court granted TxDOT’s Petition for Review and without hearing oral argument, issuing a formal opinion, or considering the merits of the case, vacated the judgments of the Court of Appeals and trial court (which ruled the […]

Rothfelder & Falick on Scenic America vs. Dept. of Transportation

From Richard L. Rothfelder of Rothfelder & Falick L.L.P. Supreme Court Denies Petition for Writ of Certiorari in Scenic America vs Department of Transportation On October 16, 2017, the Supreme Court of the United States denied the petition for writ of certiorari filed by Scenic America in a case watched […]

Vinyls Needed For Harvey Victims

By Richard Rothfelder, Partner, Rothfelder and Falick I hope you survived Hurricane Harvey with minimal loss. My family was very fortunate to have avoided any meaningful damage. However, not all were so lucky, including the thousands of victims that suffered catastrophic wind damage to their homes and businesses in the […]