Rupert M Barkoff

June 17, 2014 | New York Law Journal

In his Franchising column, Rupert M. Barkoff writes: Although franchise acquisitions are, for the most part, like acquisitions of many other kinds of companies, investors experienced in investing in franchise companies have learned, often from the school of hard knocks, that franchise company acquisitions have their idiosyncrasies.

By Rupert M. Barkoff

14 minute read

March 18, 2014 | New York Law Journal

In his Franchising column, Rupert M. Barkoff of Kilpatrick Townsend & Stockton writes: With the advent of 'Khan' and 'Leegin', the advice previously given by lawyers on these subjects has been stood on its head. When franchisor clients ask whether they can require their franchisees not to charge more than X for their goods or services, our advice before was a clear "no." Now, that advice is: "perhaps."

By Rupert M. Barkoff

10 minute read

December 17, 2013 | New York Law Journal

In his Franchising column, Rupert M. Barkoff, a partner at Kilpatrick Townsend & Stockton, writes: In franchising, the lawyer who can save a relationship through finding a creative solution to a problem is a jewel in the crown, for franchising is a continuing relationship, and its value lies in the synergy created by the franchisor and franchisee.

By Rupert M. Barkoff

9 minute read

March 29, 2013 | New York Law Journal

In his Franchising column, Rupert M. Barkoff, a partner at Kilpatrick Townsend & Stockton, writes that there are thousands of systems in the United States and abroad that utilize franchising to make money for the franchisor and franchisee, but there are at least three other models, each of which might be considered as social franchising arrangements.

By Rupert M. Barkoff

8 minute read

December 31, 2012 | New York Law Journal

In his Franchising column, Rupert M. Barkoff, a partner at Kilpatrick Townsend & Stockton, writes: Unlike the situation in some countries with two-level governments, the problem of the interstate practice of law has not been adequately addressed by the governments of our numerous states, either from a legal or practical standpoint.

By Rupert M. Barkoff

8 minute read

September 20, 2013 | New York Law Journal

In his Franchising column, Rupert M. Barkoff, a partner at Kilpatrick Townsend & Stockton, writes: In the context of spends to insure legal compliance, the connection between expenditures and improvements to the bottom line is distant, and, therefore, dollars spent on legal compliance are typically not first priority. But a connection does exist, and a company that fails to spend small amounts, mostly for personnel to monitor legal compliance, may end up with large liabilities.

By Rupert M. Barkoff

7 minute read

November 30, 2011 | New York Law Journal

In his Franchise Law column, Kilpatrick Townsend & Stockton partner Rupert M. Barkoff discusses trademark law, and questions the extent of a franchisor's control over a franchisee and the possibility that it could be so great that the former risks being held vicariously liable for the actions of the latter.

By Rupert M. Barkoff

11 minute read

July 19, 2012 | New York Law Journal

n is Franchising column, Rupert M. Barkoff, a partner at Kilpatrick Townsend & Stockton, writes that when you read the better drafted franchise agreements, they typically state that the franchisor has developed a system that includes a network of suppliers whose products or services are one of the key ingredients for making the franchise engine run.

By Rupert M. Barkoff

9 minute read

July 22, 2013 | New York Law Journal

In his Franchising column, Rupert M. Barkoff, a partner at Kilpatrick Townsend & Stockton, writes: When I began legal practice in the last century, franchise law barely existed, and as it developed, private law firms effectively had a monopoly on the market for franchise legal services. But things change, and the attorney interested in practicing franchise law in a private firm today faces a dismal picture.

By Rupert M. Barkoff

8 minute read

May 03, 2001 | Law.com

Most franchise agreements grant franchisees a right to use the franchisor's trademarks. However, conflict arises when the world of trademark law collides with the world of franchise law -- obligations are unclear for franchisors and franchisees in post-termination situations, as evidenced by several decisions in the past decade.

By Rupert M. Barkoff

9 minute read