Rupert M Barkoff

July 28, 2005 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that while there are problem areas in franchising, they do not appear to be so extensive as to warrant a radical change in the current regulatory structure or extensive government intervention into franchise relationships. In other words, the sky is not falling.

By Rupert M. Barkoff

10 minute read

March 07, 2011 | New York Law Journal

In his Franchising column, Rupert M. Barkoff, a partner at Kilpatrick Townsend & Stockton, writes that franchisors should examine their existing franchise agreements, and cultures, to make sure that when the time comes for a change to be made expeditiously, the franchisor will have the mechanisms to meet the changing market conditions.

By Rupert M. Barkoff

10 minute read

January 24, 2006 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that there was a time � in another era, in another galaxy � when commercial lawyers were generalists. They were trained to spot problems in various arenas, and required by practice to be able to craft solutions to different kinds of problems. Now, the age of the generalist in law, and in medicine, is in its twilight, as the law becomes more complex.

By Rupert M. Barkoff

9 minute read

June 08, 2011 | New York Law Journal

In his Franchising column, Kilpatrick Townsend & Stockton partner Rupert M. Barkoff writes: At the International Franchise Association's Legal Symposium last month, the featured speaker was Jack Uldrich, a well-known futurist and author of numerous books. The message he conveyed to the audience was both exciting and frightening: Dramatic change is inevitable in today's society, and, even more importantly, there are fields where the change will not only be constantly occurring, but the degree of change will be exponential.

By Rupert M. Barkoff

11 minute read

June 30, 2010 | New York Law Journal

In his Franchising column, Rupert M. Barkoff, a partner at Kilpatrick Stockton, writes: Primarily, antitrust issues and franchise laws have intersected in three areas: price-fixing, other vertical restraints, and tying arrangements. Two years ago, I commented that in all three areas, antitrust law had become almost a non-issue for franchisors. What has happened since I made my predictions?

By Rupert M. Barkoff

9 minute read

November 30, 2007 | New York Law Journal

Rupert M. Barkoff, a partner at Kilpatrick Stockton, writes that if someone new to the whole scheme of franchise sales regulation in the United States stepped back and assessed the situation without all the biases and political positions that those of us who are actively involved in this arena have, he or she might think that we have lost our minds. Unfortunately, after thinking the matter over for several days, I have concluded that he or she would be right.

By Rupert M. Barkoff

8 minute read

September 08, 2006 | New York Law Journal

Rupert M. Barkoff, a partner at Kilpatrick Stockton LLP, writes that noncompetition provisions in franchise agreements are a touchy subject. Stepping back for a moment, both franchisors and franchisees have a substantial common interest in their enforcement.

By Rupert M. Barkoff

14 minute read

July 30, 2009 | New York Law Journal

Rupert M. Barkoff, a partner at Kilpatrick Stockton, writes that as a result of a two-tiered federal and state regulatory scheme, the United States finds itself with a franchise regulatory environment that is more costly, a marketplace that is often difficult to enter, and with a higher degree of liability for compliance failures.

By Rupert M. Barkoff

11 minute read

February 25, 2005 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that it has been said, at least by the U.S. Court of Appeals for the Fourth Circuit, that a franchise is a commercial relationship.

By Rupert M. Barkoff

12 minute read

September 25, 2007 | New York Law Journal

Rupert M. Barkoff, a partner at Kilpatrick Stockton, writes that clients occasionally ask us to advise them as to what is "fair" and from a lawyer's perspective, this is troublesome. You can't go to Black's Law Dictionary and get meaningful insights. Nevertheless, the term "fair" is tossed around all the time - in legislative titles (the "Fair Labor Standards Act"), in legal concepts (the implied covenant of good faith and fair dealing) and in negotiations ("We want to be fair to y'all.").

By Rupert M. Barkoff

8 minute read