Editorial: Franchise in Georgia

01 April 2007

This chapter highlights six practitioners from four firms as, the leading lights of the state’s competitive marketplace for franchise counsel.

Paul Hastings Janofsky & Walker LLP is home to Richard Asbill, the most nominated franchise practitioner. Asbill was described to researchers as “a leader in every respect” and “recommended without hesitation” by clients and peers. Asbill is co-author and editor of Fundamentals of International Franchising (ABA Press, 2001) and is also a co-author of the three-volume Franchising Law: Practice and Forms (Specialty Technical Publishers Inc, 2006). He is a past chair of both the governing committee of the American Bar Association’s forum on franchising and of the international franchising committee of the International Bar Association. Asbill is heavily involved with pro-bono and local community work for the Hambidge Centre in Rabun County, Georgia. Andrew Scott is another key member of the firm’s franchise, distribution, trade regulation and proprietary rights practice group. Scott has an “impressive international practice” representing clients in the US, South America, Europe and Asia. He is a member of the governing committee of the American Bar Association’s forum on franchising and vice-chair of the international franchising committee of the International Bar Association. Sources commented on his academic skills, calling him a “prolific writer and speaker”. 

Kilpatrick Stockton LLP also has two individuals “at the top of their game” listed in this highly competitive chapter. Rupert Barkoff, who received the most nominations, was described to researchers as “an outstanding attorney in every respect” and “a leading light”. Recent cases include the representation of a major franchise company in sale of the largest casual dining deal area development arrangement in late 2005, and representing half a dozen start-up franchise systems – three of them Australian. Barkoff has also represented an advertising trust for a major fast food franchise system in a dispute with a franchisor over control. Barkoff is a member of the advisory committee to the North American Securities Administrators Franchise and Business Opportunities Task Force and publishes frequently on franchise matters as a columnist for the New York Law Journal and Franchise Update magazine. Morton Aronson is another “leading lawyer in the franchise area”. He represents both franchisors and franchisees in domestic and international matters and has a specialisation in the Hotel industry. This side of Aronson’s practice benefits from his 25 years in-house with the Holiday Inn hotel chain, where he served as vice-president and general counsel, franchising. 

Ronald Coleman from Parker Hudson Rainer & Dobbs LLP represents national franchisors in litigation spanning breach of franchise agreements, fraud, RICO and antitrust violations, and constitutional challenges to state statutes. Among other matters Coleman represented Burger King in Burger King Corp v Agad et al – a lawsuit to enforce terminations against its largest Atlanta-area franchisees which settled favourably in mediation. 

Richard Greenstein of DLA Piper US LLP was also consistently endorsed. He joined the firm from Smith Gambrell & Russell LLP. Greenstein’s domestic and international practice focuses on the establishment and maintenance of franchise programmes and business transactions. His practice also includes dispute resolution and compliance counselling for franchisors.