Rupert M Barkoff

October 05, 2012 | New York Law Journal

In his Franchising column, Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Townsend & Stockton, writes that franchisors have been bemoaning that their franchise agreements are too long and cumbersome, and in the interest of caution, lawyers have been too protective in the rights they grant them in their franchise agreements.

By Rupert M. Barkoff

13 minute read

April 19, 2004 | National Law Journal

The large increase of chains and franchises in recent history presents complex situations where retailers and wholesalers are forced to manage new methods of growth without saturating the market. Although today's distribution technologies present working solutions to the growth concerns, new problems with encroachment arise in their wake.

By Rupert M. Barkoff Special to The National Law Journal

12 minute read

May 01, 2012 | New York Law Journal

In his Franchising Law column, Mr. Barkoff, a partner at Kilpatrick Townsend & Stockton LLP, writes that the New York Franchise Act, as it relates to franchise sales, is considerably out of step with the franchise sales laws of the other states that regulate this activity, which makes New York an unattractive state for franchisors to establish their principal places of business.

By Rupert M. Barkoff

9 minute read

November 27, 2006 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that hunting season has opened on the principle of contract sanctity. In a recent decision by the Superior Court of Pennsylvania, the court held that where the franchisee had diverted and not reported sales, the franchisor was entitled to terminate the arrangement even though the contractual 90-day cure right granted under the franchise agreement had been ignored.

By Rupert M. Barkoff

9 minute read

November 17, 2010 | New York Law Journal

Rupert M. Barkoff of Kilpatrick Stockton writes that the similarities between management-labor and franchisor-franchisee structures have been recognized for many years, discussions in franchise systems are more complex, as franchisors have no legal obligation to come to the bargaining table and a franchisee organization has no power to bind its members.

By Rupert M. Barkoff

12 minute read

October 11, 2010 | The Recorder

Rupert Barkoff of Kilpatrick Stockton says attorneys should think carefully before including an arbitration clause in a franchise agreement.

By Rupert M. Barkoff

9 minute read

May 22, 2008 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that lately arbitration has come under close scrutiny by the franchise bar. In contrast, as the popularity of arbitration has waned, mediation has correspondingly increased in popularity as a means of resolving franchise disputes.

By Rupert M. Barkoff

9 minute read

March 31, 2010 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes: It has now been almost 20 years since the Rule of Thirds, a hypothesis based on "anecdata" that took on a life of its own, made its appearance, and I am sorry to report that the sentiment within the franchise community is that we are not any closer today in developing a useful measure of success than we were back then.

By Rupert M. Barkoff

12 minute read

July 26, 2004 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of of Kilpatrick Stockton, writes that the franchise community has suffered for over a quarter of a century from federal and multiple state systems of government regulation.

By Rupert M. Barkoff

11 minute read

May 21, 2009 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that we are taught in our very first day at law school, in our contracts course, of the sanctity of contract. For the rest of our stay in law school, and afterwards when we have left the hallowed halls of academia, he says, we are taught why this noble principle is only the starting point in the law of contracts - one that will be chipped away at until there is considerably less left to the sculpture when the sculptors of the law are done with it.

By Rupert M. Barkoff

11 minute read