Rupert Barkoff of Kilpatrick, Townsend & Stockton (Courtesy photo)

Rupert Barkoff, chair of the franchise team at Kilpatrick Townsend, died June 5 at the age of 71. Barkoff joined what was then Kilpatrick & Cody in 1973 and spent his entire career at the firm establishing its franchise practice. Barkoff's influence on the field of franchising, however, was felt well beyond his law firm, and he was considered by many to be one of the pioneers of franchise law practice.

Throughout his career, Barkoff was heavily involved with the two national legal associations devoted to franchising, namely the ABA Forum on Franchising (the Forum) and the International Franchise Association (IFA). Barkoff's interactions with the Forum included serving on its governing committee and as one of its early chairs, as well as participating in dozens of annual Forums as a panelist or moderator. He also authored dozens of articles for the two Forum publications, the Franchise Law Journal and The Franchise Lawyer and was co-editor of one of its most successful publications Fundamentals of Franchising. He was similarly a panelist or moderator for dozens of IFA programs.

Barkoff's influence in the field of franchising extended to local and state franchising associations, and he was one of the founders of the Southeast Franchise Forum and the Franchise and Distribution Law Section of the State Bar of Georgia. Barkoff was also a frequent author of articles on the subject of franchising for other organizations including the New York Law Journal, LJN's Franchise Business & Law Alert, Practising Law Institute, AIPLA, INTA and the Franchise Council of Australia. Barkoff also testified before Congress on several occasions on the subject of franchising.

Barkoff received numerous recognitions in the field of franchising. Among the more notable was being ranked as one of the five most respected franchise attorneys in the world by The International Who's Who of Business Lawyers and being named as a Franchise Times Legal Eagle every year since its inception in 2004. In 2010, Rupert received the Lewis G. Rudnick award, the most prestigious award presented by the Forum, to individuals who, over the course of their distinguished careers, have made substantial contributions to the Forum and to franchise law.

Barkoff's colleagues and friends most remember him as the consummate people person. Throughout his career, he made great efforts to interact with all members of the franchise bar, whether friend or foe. He was most interested in getting to know you better and what made you tick. He particularly enjoyed interacting with younger lawyers and instilling in them an interest in franchising. In his latter years, Barkoff devoted more time and effort towards educational endeavors. To that end, he lectured at Emory Law School and Kennesaw State on franchising subjects and, more recently, taught a franchising course at the University of Georgia. He also was instrumental in the creation of the first legal casebook devoted to franchising and authored its introductory section. Students of Barkoff's law school class remember him as being a remarkable resource even outside of class, as he regularly met them at a local coffee shop before and after class to learn about their interests.  

Rupert was a model partner, trusted colleague and a mentor to all inside and outside of his firm with an interest in franchising. His gentleness, intelligence and sense of humor will be deeply missed but not forgotten.

Chris Bussert, a senior counsel at Kilpatrick, Townsend & Stockton, represents clients in trademark, franchise, copyright and unfair competition litigation, including proceedings before the Trademark Trial and Appeal Board and in licensing and trademark clearance and prosecution matters.