Rupert M Barkoff

June 13, 2011 | Legaltech News

At a recent franchise symposium, futurist Jack Uldrich was the featured speaker. In his presentation, Uldrich noted that a number of disciplines are only in the initial stages of growth, but will soon advance to the digital watch stage, where technology is cheap and accurate for most. To Kilpatrick Townsend's Rupert M. Barkoff, this means big changes for franchise law.

By Rupert M. Barkoff

11 minute read

September 30, 2008 | New York Law Journal

Rupert M. Barkoff, a partner at Kilpatrick Stockton, writes: A frustrated client recently asked me how to deal with a franchisee whose performance was questionable, for whatever reasons, but where franchise termination would be overkill. Two items seem to be the key factors in deciding what approach will be appropriate: the nature of the breach, and the character of the franchisee.

By Rupert M. Barkoff

13 minute read

July 30, 2007 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that for a franchisor who has a well-reasoned plan on developing his business, the freedom given by a recent U.S. Supreme Court ruling may make it more successful, and many of the franchisees will be residual beneficiaries of these benefits. But there will be other franchisees who will suffer by their inability to control their pricing.

By Rupert M. Barkoff

14 minute read

May 25, 2006 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of of Kilpatrick Stockton, asks: Has the franchise community made progress in streamlining the regulatory process by making it more efficient without sacrificing protection? Let's present the facts and allow the jury to decide whether we are making progress or merely tilting at windmills.

By Rupert M. Barkoff

10 minute read

November 30, 2004 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that preparing a post-term noncompete is the ultimate challenge, unlike the bulk of the provisions contained in franchise agreements.

By Rupert M. Barkoff

9 minute read

March 26, 2003 | New York Law Journal

By Rupert M. Barkoff

7 minute read

January 23, 2002 | New York Law Journal

E xit strategies always concern franchisees. There will come a time when the franchisee wants to cash in his chips and realize upon the fruits of his labor. When the franchisee takes this step, the franchisor wants to make sure that the franchisee`s successor is a person of satisfactory character, capable of operating the franchise according to the franchisor`s standards.

By Rupert M. Barkoff

9 minute read

May 22, 2002 | New York Law Journal

O ne might say that there are two perspectives on any situation. In the case of a non-compete, there are three: the perspective of the franchisor who wants it enforced; the perspective of the franchisee who seeks to violate it with impunity; and the perspective of the other franchisees, who, like the franchisor, seek to have it enforced (so that their former brother cannot take away their business), but always have in the back of their minds that they may find themselves wanting to be break-away franchisees

By Rupert M. Barkoff

9 minute read

May 26, 2005 | New York Law Journal

Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes that the time may be upon us to examine our rights of first refusal crafting, and ask ourselves and our clients: What are the true functions of these provisions? The answer that "everyone does it" is not very appealing, but may be the honest response.

By Rupert M. Barkoff

7 minute read

July 24, 2002 | New York Law Journal

I N FRANCHISING , as well as in many other fields, there is a tension between the legal and consulting communities. The consultants, say the lawyers, are rendering legal advice to their clients without having the proper credentials to do so. The consultants, on the other hand, deny this. The line between the two professions is often difficult to discern.

By Rupert M. Barkoff

10 minute read