Rupert Barkoff has been practicing franchise, distribution and corporate law since 1973. His franchise practice emphasizes solutions to registration and structuring issues and developing individual and collective solutions to franchisor-franchisee relationship problems. During the course of his career, Mr. Barkoff has represented numerous start-up, national and regional franchisors in establishment and operation of their franchise systems. He has negotiated encroachment policies, counseled clients on the establishment and operation of purchasing cooperatives, and acted as mediator and arbitrator in the negotiation of franchisor-franchisee disputes. Mr. Barkoff was recognized as one of the country's leading franchise attorneys by The Best Lawyers in America® in 2012 and the 11 years immediately preceding, as well as the 2011 Franchising Attorney of the Year in Atlanta. In 2010, he received the prestigious Lew Rudnick Lifetime Achievement Award from the American Bar Association's Forum on Franchising. He was one of only seven attorneys nationwide to receive the top ranking for franchise law in the 2009 and 2010 editions of Chambers USA: America's Leading Lawyers for Business for Franchising and he was listed as #1 in the 2011 edition. Mr. Barkoff was named a Georgia "Super Lawyer" in the area of Franchise/Dealership in 2008, 2009 and 2010 by SuperLawyers magazine. He was named a "Most Highly Regarded Individual for Franchise" by The International Who's Who of Business Lawyers for 2006, ranking #9 globally. This peer-nominated distinction is based upon a comprehensive and independent survey of both general counsel and private practice attorneys worldwide. Mr. Barkoff has been named a "Legal Eagle" for eight consecutive years by Franchise Times. He is AV® rated by Martindale-Hubbell. Mr. Barkoff has published over 200 articles on franchise law, and is the Editor-in-Chief of Fundamentals in Franchising, which is used to teach novices about the intricacies of franchise law. He has testified before Congress on franchise law issues and is a columnist for the New York Law Journal and Franchise UPDATE. Mr. Barkoff has spoken at major franchise law seminars for over 30 years, as well as at numerous colleges and law schools. He served as Chair of the American Bar Association Forum on Franchising for three years and was a member of its governing committee for nine years. Professional & Community Activities American Bar Association, Business Law, Antitrust Law and Intellectual Property Law Sections, Member, Past Chair of Forum on Franchising, and Past Member of Governing Committee International Bar Association, Member North American Securities Administrators Franchise and Business Opportunities Task Force, Advisory Committee, Former Member Southeast Franchise Forum, Director, Secretary and General Counsel State Bar of Georgia, Franchise Section, Chair ToolBank USA, Board of Directors, Member Experience Represented group of franchisees who acquired franchise system from their franchisor in settlement of litigation, Represented group of franchisees who acquired franchise system from their franchisor in settlement of litigation and converted the system into a license arrangement. Fraudulent marketing claims of one of the nation's largest fast food franchisors, Successfully represented one of the nation's largest fast food franchisors and its franchisees in an investigation of claims associated with a fraudulent marketing test conducted by the client's vendor, a major beverage company. The case received national media attention and the client secured a multimillion dollar settlement prior to initializing litigation as a result of our efforts. Litigation for national athletic training facility franchisor, Served as lead counsel for an athletic training facility franchisor and approximately 14 of its current and former officers and directors in a suit brought by several former franchisees for fraud and breach of the franchise agreements. The plaintiffs alleged millions in damages. The client's insurance carrier initially resisted providing coverage, arguing that the equivalent of five separate deductibles must be paid before any obligation to fund defense costs arose. The insurance carrier also claimed that other provisions in the policy precluded coverage. We convinced the insurance carrier to apply a single deductible, saving our clients hundreds of thousands of dollars, and to advance attorneys' fees to defend the suit. We successfully reached a settlement agreement favorable to our client pursuant to a mediation following extensive discovery and the filing of dispositive motions. Formation and implementation of franchise program for multiple clients, Represents multiple clients with the formation and implementation of their franchise program, including franchise registration and disclosure issues, strategies in entering the United States market, and corporate and trademark advice. Such clients include Aaron Rents, Inc.; America's Realty, Inc.; Ecowash Mobile USA, Inc.; O'Charley's Inc.; Primrose Schools Franchising Company; PoolWerx Corporations Pty Ltd; and Waffle House. Franchise litigation related to technology licenses for entertainment technology company, Represented an entertainment technology company regarding claims that it had unlawfully sold franchises in California in violation of state franchise sales statute by entering into certain technology license agreements. The claims were complicated by the fact that such claims were brought in the context of a bankruptcy proceeding filed by the putative franchisee, and involved patent claims against our client as well. The case was eventually settled to our client's satisfaction through the negotiation of new licensing arrangements between the parties. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 01 February 2012, Recent Franchise Decisions Show Same Old Songs, with a Few Different Beats
Source: LJN's Franchising Business & Law Alert, Articles 30 November 2011, Vicarious Liability: Interplay of Franchise and Trademark Laws
Source: New York Law Journal, Articles 21 September 2011, The Renaissance Franchise Lawyer
Source: New York Law Journal, Articles 01 July 2011, Are Lost Future Royalties Awardable Damages?
Source: LJN's Franchising Business & Law Alert, Articles 08 June 2011, What Is in the Future For Franchising and Its Lawyers?
Source: New York Law Journal, Articles 07 March 2011, Implementing Change in a Franchise System
Source: New York Law Journal, Articles 17 November 2010, Collective Bargaining in Franchise Environments
Source: New York Law Journal, Articles 15 September 2010, Franchise Law: The Coming of Age
Source: , New York Law Journal Articles 30 June 2010, Is Antitrust Law Irrelevant to Franchise Lawyers? A Second Look
Source: , New York Law JournalArticles 21 June 2010, Hard Act to Follow?: Why Some Franchisees don't Follow the System
Source: , Franchise Update MagazineArticles 31 March 2010, Confessions of a Rumor Monger: Be Wary of Statistics on Success Rates
Source: New York Law Journal, Articles 01 March 2010, So Your Client Wants to Franchise Its Business?
Source: Business Law Today, Articles 14 December 2009, There Is Accounting for Franchisees!
Source: Franchise Update Magazine, Articles 10 November 2009, Australia's New Franchise Amendments
Source: Blue Mau Mau, Articles 24 September 2009, Franchising: Franchising: Comparing Approaches in Countries with English Heritage
Source: New York Law Journal, Articles 14 September 2009, FPRs and the Venus Flytrap: Watch What You Say - and How You Don't!
Source: Franchise Update, Articles 30 July 2009, Franchising: Comparing Approaches in Countries with English Heritage
Source: New York Law Journal, Articles 01 January 2009, Franchising Questions and Answers
Source: Intellectual Property Desk Reference, Other Publications 28 July 2008, Franchising
Source: New York Law Journal, Articles 01 December 2007, Women in Franchising
Source: Franchise Update, Articles 30 July 2007, 'Leegin': Antitrust Principles in Light of Franchise Law
Source: New York Law Journal, Articles 10 April 2006, New Business Opportunity Rule Would Fill Void Created by Revised Franchise Disclosure Rule, Legal Alerts 19 January 2006, State Taxation of Royalty Payments Without Physical Presence? The New Mexico Supreme Court Provides Guidance, Legal Alerts 17 March 2005, Damage Control for Violations of Registration and Disclosure Obligations
Source: Franchise Law Journal, Articles 31 March 2004, Encroachment Issues Persist
Source: The National Law Journal, Articles 01 August 2003, Three-Level Systems: Problems Facing the 'Cheese' in the 'Sandwich'
Source: New York Law Journal, Articles 01 May 2003, Recent Precedents Say Recoveries for Lost Future Royalties Aren't Likely
Source: Franchise Times, Articles 01 December 2002, Twenty-Five Years of Franchising: Where Have We Been and Where Are We Going?
Source: Info Franchise Newsletter, Articles 30 November 2000, Up Periscope: Franchise on the Horizon
Source: New York Law Journal, Articles 25 May 2000, Liquidated Damage Provisions: The Search for Certainty
Source: New York Law Journal, Articles 01 January 2000, FTC/National Franchise Council Referral Program: Much Ado About . . . What?
Source: The Franchise Lawyer, Articles 01 September 1998, After Mitsubishi: Suppliers Beware!
Source: Leader's Franchising Business & Law Alert, Articles 01 January 1998, Vertical Price Fixing Can Be Legal: Or, the Wrath of Khan
Source: The Magazine of the National Franchisee Association, Articles 22 October 1997, Mandatory Earnings Claims: They're as American as Motherhood and Apple Pie!
Source: American Bar Association, Articles 27 March 1997, Grass-Roots Insights Reveal Niches
Source: The Wall Street Journal, Articles 01 January 1997, A Primer on Franchise Transfers
Source: Franchise Update, Articles 01 July 1996, Earnings Claims: To Disclose or Not to Disclose
Source: Franchise Update, Articles 01 January 1993, Franchise Law Bibliography
Source: American Bar Association, Articles 01 September 1990, Franchising in the United States
Source: International Law & Business Review, Articles 01 January 1988, Fundamentals of Franchising
Source: American Bar Association, Articles News 09 December 2011, Kilpatrick Townsend's Rupert Barkoff and Chris Bussert Named to 2011 International Who's Who of Franchise Lawyers, News Releases 14 September 2011, ToolBank USA Names One of Nation's Leading Franchise Attorneys to Board of Directors, News Releases 06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases 22 June 2011, Twenty-Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Business Lawyers, News Releases 13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases 21 April 2011, Kilpatrick Townsend Once Again Receives High Recognition from Chambers Global 2011, News Releases 11 April 2011, Kilpatrick Townsend's Rupert Barkoff Named Among the Nation's Top Franchise Attorneys for Eighth Consecutive Year, News Releases 24 February 2011, Kilpatrick Townsend's Rupert Barkoff Quoted re: "Is Your Business Franchise Worthy?", In the News 05 November 2010, Best Lawyers in America Names Kilpatrick Stocktons Rupert Barkoff and Joe Beck 2011 "Atlanta Lawyers of the Year", News Releases 28 October 2010, Best Lawyers in America Names Kilpatrick Stockton's Joe Beck and Rupert Barkoff 2011 Atlanta Lawyers of the Year, News Releases 27 October 2010, Kilpatrick Stockton's Rupert Barkoff Receives Prestigious Lew Rudnick Lifetime Achievement Award, News Releases 24 September 2010, Twenty-Seven Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Business Lawyers, News Releases 12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases 14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases 28 April 2010, Kilpatrick Stockton's Rupert Barkoff and Chris Bussert Named Among the Nation's Top Franchise Attorneys, News Releases 06 April 2010, Chambers Global 2010 Once Again Ranks Kilpatrick Stockton's Franchise Team Among the World's Best, News Releases 04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases 16 October 2009, Kilpatrick Stockton's Rupert Barkoff to Serve as Featured Speaker at Australia's National Franchise Convention, News Releases 04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases 15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases 04 June 2009, Kilpatrick Stockton's Rupert Barkoff Named One of the Nation's Top Franchise Attorneys, News Releases 15 May 2009, Kilpatrick Stockton Partner Rupert Barkoff Elected Chair of the Franchise Section of the State Bar of Georgia, News Releases 08 April 2009, Kilpatrick Stockton Attorneys Named to 2009 International Who's Who of Business Lawyers, News Releases 02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases |