Benjamin I. Fink

Attorney Profile

Top Rated Business Litigation Attorney in Atlanta, GA

Berman Fink Van Horn P.C.
 | 3475 Piedmont Road Northeast, Suite 1100
Atlanta, GA 30305
Phone: 404-261-7588
Fax: 404-233-1943
Selected to Super Lawyers: 2005 - 2019
Licensed Since: 1992
Practice Areas:
  • Business Litigation (80%),
  • Employment Litigation: Defense (20%)
Attorney Profile

Benjamin I. Fink, a shareholder in Berman Fink Van Horn P.C., concentrates his practice in business and employment litigation with a particular emphasis on non-compete, trade secret and other competition-related disputes.

With more than 25 years in practice, Ben has handled cases in Georgia’s state and federal courts as well as state and federal courts in more than 15 other states. He has also handled disputes in arbitration before the American Arbitration Association (AAA) and Financial Industry Regulatory Authority (FINRA). 

Ben’s non-compete and unfair competition practice includes representation of both plaintiffs and defendants in disputes involving non-compete, non-solicitation of customers, non-recruitment of employees and non-disclosure/confidential information agreements. Ben also represents disputes involving trade secrets, tortious interference with business and contractual relations, breach of fiduciary duty and/or duty of loyalty, unfair and deceptive trade practices, business defamation, trade name and trade dress infringement, Computer Systems Protection Act violations, Economic Espionage Act/Defend Trade Secrets Act claims, Electronic Communications Privacy Act claims, Computer Fraud and Abuse Act claims and Stored Communications Act claims.

Ben is experienced in helping draft agreements that can be instrumental in protecting the competitive edge of his client’s businesses and avoiding unfair competition, including non-competition, non-solicitation, non-recruitment, confidentiality and trade secret agreements and computer use provisions.

Ben also represents plaintiffs and defendants in all types of other business and commercial disputes, including contract disputes, business torts, partnership, shareholder and other internal corporate disputes, shareholder derivative lawsuits and securities fraud claims.

Given his extensive experience in the area of non-competes, Ben testified before a joint committee of the Georgia House and Senate tasked with studying proposed legislation relating to restrictive covenant agreements. He also served as a member of the State Bar of Georgia Special Legislative Study Committee on Restrictive Covenants, which served as a resource for the Georgia Legislature as it considered legislation.

In 2017, Ben was invited to attend the Inaugural Sedona Conference on Developing Best Practices for Trade Secret Issues, an invitation-only group of thought leaders in trade secret law. Today, Ben serves on Sedona Working Group 12 on trade secrets. 

Ben is a well-respected writer and lectures regularly on non-competes, trade secrets and related topics, as well as other topics involving competition-related legal issues and other legal issues facing businesses. He co-authored a chapter on Restrictive Covenant Litigation for Georgia Business Litigation, a book published in 2013 by Daily Report Books, a division of ALM Media, LLC. He also co-authored a Practice Note on Georgia Confidentiality, Nondisclosure and Non-Solicitation for Thomson Reuters Practical Law.

A member of the Labor and Employment Section Board of Directors of the Atlanta Bar Association since 2011, Ben served as its Chair from 2014-2015. He has been named a Super Lawyer in Atlanta Magazine annually since 2005 for his work in Employment Law and selected by Georgia Trendmagazine as one of Georgia’s Legal Elite since 2012. Since 2013, Ben has been named a Top 100 Georgia Super Lawyer and selected by his peers for inclusion in The Best Lawyers in America (2015 – present).

Since 1999, Ben has served on the board of Conexx: America Israel Business Connector. He served as Chair of the Conexx Board (2015-2017) and continues to serve on its Executive Committee. Ben is also involved with his university alumni organizations, including Duke University’s Alumni Admissions Advisory Committee (2000 – present) and the alumni board of Emory Law School (2015 – present).

After graduating from Duke University, Ben obtained his law degree from the Emory University School of Law and has lived in Atlanta since 1989. Ben is married to Robin Young Fink and has two children. When not practicing law, Ben enjoys kayaking, bicycling, playing golf and being an enthusiastic spectator at his children’s various athletic and recreational activities.

 
Practice Areas
Lawyer Practice Area Pie Chart

Business Litigation (80%): Trade Secret, Non-Compete Agreements

Employment Litigation (20%): Employment Law - Employer

Focus Areas

Trade Secret, Non-Compete Agreements, Employment Law - Employer

Selections

Selected to Super Lawyers for 15 yearsbottom-image

Super Lawyers: 2005 - 2019

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About Benjamin Fink

Admitted: 1992, Georgia

Professional Webpage: https://www.bfvlaw.com/attorney/benjamin-i-fink/

Honors/Awards:

  • Ben has been selected by his peers for inclusion in The Best Lawyers in America, 2015
  • Ben received the Atlanta Bar Association’s Distinguished Service Award for demonstrating outstanding service as chair of the labor and employment law section. Ben helped conceive an anniversary event to celebrate the 50th anniversary of the landmark 1964 Civil Rights bill (May 2015), 2015
  • Ben has been named a Top 100 Georgia Super Lawyer, 2013
  • Ben has been selected for the Super Lawyers Business Edition for his work in Employment & Labor., 2012
  • Based upon peer recommendations, Ben has been selected as one of Georgia Trends’s Legal Elite, Georgia Trend Magazine., 2011
  • Ben has been selected annually as a Georgia “Super Lawyer” by Atlanta Magazine based on research and surveys conducted by Law and Politics Media., 2005
  • Ben was invited to attend the Inaugural Sedona Conference on Developing Best Practices for Trade Secret Issues. Attendance is by invitation only for approximately 75 thought leaders in trade secrets law. (December 2017)
  • Ben has been awarded an AV Preeminent rating by Martindale-Hubbell in the areas of ethical standards and legal ability.
  • Awarded an AV Preeminent rating by Martindale-Hubbell
  • selected for the Super Lawyers Business Edition, 2012-present
  • Georgia Trend Legal Elite, Georgia Trend Magazine, 2011-present
  • Selected Annually as a Georgia "Super Lawyer" by Atlanta Magazine, 2005 – present
  • Selected by his peers for inclusion in The Best Lawyers in America, 2015 – present
  • Top 100 Georgia Super Lawyer, 2013-present
  • Atlanta Bar Association's Distinguished Service Award, May 2015
  • Member, Litigation Counsel of America (Honorary Society)

Bar/Professional Activity:

  • Immediate Past Chair, Atlanta Bar Association Labor and Employment Section, (present)
  • Chair, American Intellectual Property Law Association Cybersecurity Sub-Committee, 2015 – 2016
  • Chair, American Intellectual Property Law Association Legislative Sub-Committee, 2013 – 2015
  • Immediate Past Chair, Atlanta Bar Association Labor and Employment Section, 2015-2016
  • State Bar of Georgia Special Legislative Study Committee on Restrictive Covenants
  • Atlanta Bar Association Intellectual Property Law Section
  • Board of Directors, Atlanta Bar Association Labor and Employment Section, 2010 – present
  • Secretary/Treasurer, Atlanta Bar Association Labor and Employment Section, 2012 – 2013
  • Chair Elect, Atlanta Bar Association Labor and Employment Section, 2013 – 2014
  • Chair, Atlanta Bar Association Labor and Employment Section, 2014-2015
  • Vice Chair, American Intellectual Property Law Association Legislative Sub-Committee, 2013
  • American Intellectual Property Law Association, Trade Secrets Committee
  • American Intellectual Property Law Association
  • State Bar of Georgia Special Committee
  • United States District Court, Middle District of Georgia
  • United States District Court, Northern District of Georgia
  • Fourth Circuit Court of Appeals
  • Eleventh Circuit Court of Appeals
  • Supreme Court of the United States
  • Court of Appeals of Georgia
  • Supreme Court of Georgia
  • Georgia, 1992
  • American Bar Association Labor and Employment Section
  • Atlanta Bar Association Litigation Section
  • Federal Bar Association
  • State Bar of Georgia Business Law Section
  • State Bar of Georgia Labor and Employment Section

Pro bono/Community Service:

  • Duke University Atlanta Regional Alumni Board- September 2018- Present 
  • Chairman Elect, Conexx: America Israel Business Connector, 2013 – 2015
  • Chair of the Board, Conexx: America Israel Business Connector, 2015 – present
  • Conexx: America Israel Business Connector Executive Committee, 2003 – present
  • Vice Chairman, Conexx: America Israel Business Connector, 2009 – 2013
  • Chairman, Conexx: America Israel Business Connector Professional Committee, 2003 – 2012
  • Member, Emory Law Alumni Board, 2015 – present
  • Duke University Alumni Admissions Advisory Committee, 2000 – present
  • Board of Directors, America Israel Business Connector, 1999 – present
  • Lawyers Club of Atlanta
  • Appointed by Georgia Supreme Court as Mentor for Transition into Law Practice Program

Scholarly Lectures/Writings:

  • On October 26, 2018, Ben moderated a panel, “Trade Secret Litigation: Practical Tips for Fast-Changing Standards,” at the American Intellectual Property Law Annual Meeting in Washington, D.C., AIPLA, 2018
  • On March 3, 2017, Ben moderated a panel, “”The Coca Cola Trade Secret Case: A Case Study of Civil and Criminal Coordination,” at the American Intellectual Property Law Association (AIPLA) Trade Secret Law Summit., 2017
  • Ben moderated a panel, "Non-Compete Developments" at the American Intellectual Property Law Association (AIPLA) Trade Secret Law Summit, March 2, 2017
  • Ben presided over the Restrictive Covenants seminar at the State Bar of Georgia and presented "Restrictive COvenants in Employment and Other Agreements", January 25, 2017
  • Ben Moderated a Trade Secrets session at the American Intellectual Proerty Law Association (AIPLA) Mid-Winter Institute and presented "New Trade Secrets Protections in the USA and the EU - What you Need to KNow to Get Things Just Right", February 3, 2017
  • Ben presented "Restrictive Covenants in Employment and Other Agreements" at a "Restrictive Covenants and Trade Secrets" seminar for the Institute of Continuing Legal Education in Georgia, January 14, 2016
  • Ben was a featured speaker at the Atlanta Bar Labor & Employment Law Section Annual Seminar.  He spoke on Restrictive Covenant Matters, March 18, 2016
  • Ben co-presented "The Defend Trade Secrets Act: Trade Secret Prtection Goes Federal" to webinar participants of the Institute of Continuing Legal Education in Georgia, June 21, 2016
  • Ben presented "Protecting your Business from Trade Secret Theft" to members of the Emory University Entrepreneur Network, June 23, 2016
  • Ben presented "Non-competes, Trade Secrets and Other Restrictive Covenants - Oh My!" at the Institute of Continuing Legal Education in Georgia's seminar on "Growth Companies Legal and Business Considerations", September 9, 2016
  • On September 21, 2018, Ben participated on a panel, “Two Years In: What we’ve Learned from the Defend Trade Secrets Act,” at the State Bar of Georgia IP Institute.
  • On May 3, 2018, Ben co-presented “Worried About Leaving Employees Becoming Thieving Employees?” at the SHRM Atlanta Legal Summit. He discussed what HR professionals can do now to protect their company, confidential information and competitive edge.
  • On March 29, 2018, Ben co-presented an “Update on Georgia Employment Law” at the Atlanta Bar Associations Advanced Employment Law CLE program.
  • On January 11, 2018, Ben presided over and spoke at the State Bar of Georgia’s Institute of Continuing Legal Education program, “Restrictive Covenants & Trade Secrets in Georgia.” He discussed restrictive covenants in employment and other agreements and participated on a panel to discuss injunctions, declaratory judgments and protective orders.
  • On December 5, 2017, Ben presented “TRO’s, Preliminary Injunctions, Trials…Oh My!” at an Atlanta Bar Association continuing education seminar. 
  • On September 14, 2017, Ben served as moderator at the Federal Bar Association Annual Meeting and Convention program, “Trade Secret Protection Goes Federal.”
  • Moderated a panel, “”The Coca Cola Trade Secret Case: A Case Study of Civil and Criminal Coordination,” at the American Intellectual Property Law Association (AIPLA) Trade Secret Law Summit, March 3, 2017.
  • Appeared on the Layman's Lawyer on WPBA Channel 30 on October 31, 2003 discussing non-compete agreements
  • Speaker on "The Use of Restrictive Covenants in Employment Law" at the Employers' Duties and Problems seminar sponsored by the Institute for Continuing Legal Education in Georgia on September 26, 2003
  • Appeared as a regular guest on The Career Doctors on WGKA 920 AM providing commentary on a wide range of legal issues facing employees and employers in the workplace, 2005 to 2007
  • Served annually on the faculty of Covenants Not to Compete, a seminar sponsored by Lorman Education Services. The seminar is designed for attorneys who counsel corporate and business clients on restrictive covenant agreements with employees, since 1995
  • Speaker at an ethics, professionalism and mentoring seminar hosted by the Lawyers Club of Atlanta, January 2008
  • Speaker about Non-Competes and Other Restrictive Covenants at a seminar on "Practicing Business Law in the New Economy" sponsored by the Business Law and Litigation Section of the Cobb County Bar Association, January 29, 2010
  • Speaker on The Legal and Ethical Pitfalls of Changing Law Firms at the Atlanta Bar Association Real Estate Section breakfast at the Buckhead Club, October 7, 2010
  • Speaker on Georgia's new restrictive covenant legislation and proposed Constitutional amendment at the 29th Annual Business Law Institute, a series of seminars hosted by the Institute of Continuing Legal Education (ICLE) in Georgia at Callaway Gardens, October 22-23, 2010
  • Speaker about Georgia's new restrictive covenant legislation and proposed Constitutional amendment at the Atlanta Bar Association Labor & Employment section lunch at the Capital City Club, October 28, 2010
  • Speaker about Non-Compete and Other Restrictive Covenants at the Cobb County Bar Association Business Law Section seminar at the Cobb Galleria Centre, February 4, 2011
  • Speaker about the new Restrictive Covenant Act in Georgia at the UHY Advisors Financial Leaders Seminar at the world headquarters of The Home Depot, March 17, 2011
  • Speaker about the new Restrictive Covenant Act in Georgia at the Atlanta Bar Association Labor & Employment Law Section at The W Midtown Atlanta Hotel, March 17, 2011
  • Speaker on "How Does The New Georgia Non-Compete Law Affect My Business?" at the Buckhead Club Breakfast Program, April 12, 2011
  • Speaker about the new Restrictive Covenant Act in Georgia at a meeting of the Georgia affiliate of the National Employment Lawyers Association (NELA), April 14, 2011
  • Speaker on The Law of Restrictive Covenants in Employment and Sale of Business Agreements at the Covenants Not to Compete Seminar hosted by Lorman Education Services at the Cobb Galleria Centre, December 9, 2011
  • Speaker at the Covenants Not to Compete in Georgia seminar, hosted by Lorman Education Services. He discussed how to avoid the pitfalls of noncompete agreements and other issues about the law of trade secrets and confidential information, December 5, 2012
  • Speaker at the Atlanta Bar Association Labor & Employment Law Section seminar on Advanced Employment Law. Ben offered advice on what employers can do to avoid jeopardizing intellectual property when employees depart, March 2013
  • Speaker at the Ocean Tomo Trade Secret Management & Monetization Symposium in Chicago, September 10, 2013
  • Speaker at "Covenants Not to Compete," a Lorman Educational Seminar in Atlanta, December 3, 2013
  • Presenter at an American Intellectual Property Law Association webinar on personal electronic devices and the protection of trade secrets, February 26, 2014
  • Co-presented "Future of Non-Competes as a Tool for Protecting Trade Secrets" at the American Intellectual Property Law Association (AIPLA) Spring Meeting in Philadelphia, Pa, May 16, 2014
  • Presented "Protecting your Business from Trade Secret Theft" to members of the Buckhead Club, November 7, 2014
  • Presented "Law of Restrictive Covenants in Employment and Sale of Business Agreements" at the Lorman Seminar on "Covenants Not to Compete in Georgia, December 3, 2014
  • Presented a "Non-Compete Update" at the Annual Seminar: State Bar of Georgia, Labor & Employment Law Section, December 5, 2014
  • Panel to provide an update on "State and Federal Non-Compete and Trade Secret Legislation" at the 2015 AIPLA Trade Secret Law Summit in Boston, November 12, 2015
  • Georgia State Bar panel, "Restrictive Covenants: Trends in Georgia and Beyond" at the 45th Annual Labor and Employment Law Institute, On December 4, 2015
  • Employment Agreements in Georgia: Avoiding Costly Mistakes, HR Atlanta, Volume 7, No. 5, October, 1999
  • Employment Agreements-Leaving Employees Can Sometime Be Thieving Employees,Competitive Edge, September/October, 2002
  • Protecting Your Business from Start to Finish: Identifying Your Objectives When Using Restrictive Covenants in Employment Agreements, The Human Resource, April, 2003
  • Personal Jurisdiction and the Internet: Changing the Rules or Not? Technology Law Section Newsletter, State Bar of Georgia, Winter, 2003
  • Can Your Web Site Cause Your Company to be Sued in States Other than the State in Which Your Business is Located? Techlinks.net, Monday, April 19, 2004
  • Restrictive Covenants in Georgia: Avoiding the Choice of Law Trap. Employment Law 360.com, November 27, 2006
  • Daily Report cites Benjamin I. Fink for work on fee award in Title VII case
  • Significant Changes to Georgia Law on Non-Competes Possibly on the Horizon Business Law Perspectives, Fall 2009
  • Protecting Your Customer Relationships in the BlackBerry Age Business Law Perspectives, Winter 2010
  • Litigation Holds and the Preservation of Relevant Information: Business Acumen and Good Management Practices in the Electronic Era Business Law Perspectives, Spring 2010
  • Georgia's New Non-Compete Statute: Is This Legislation Good for Business in Georgia? Business Law Perspectives, Summer 2010
  • A Primer for Georgia Employers on What Litigation Under the New Restrictive Covenants Act May Look Like, Business Law Perspectives, Spring 2011
  • Is Sending an Announcement "Solicitation?", BFV E-News, October 2012
  • Protect your Company Information from Personal Devices, BFV E-News, April 2013
  • The Georgia Supreme Court's "Rejection" of the Inevitable Disclosure Doctrine – What it May Mean and What it May Not, Atlanta Bar Association Labor & Employment Law Section Newsletter, Summer 2013
  • Why we do Pro Bono Work, BFV E-News, November 2013
  • Co-Author, "Restrictive Covenant Litigation" chapter in Georgia Business Litigation, 2013 Daily Report Books, a division of ALM Media, LLC, 2013
  • Is your Company BYOD or COPE?, Atlanta Bar Association Labor & Employment Section Newsletter, Holiday Edition 2013
  • Is Strict Enforcement of Non-Competes Good Policy? Substantial Evidence Suggests it is Not, April 2014
  • Interview with Mr. Benjamin Fink: Job Market for Students and Recent Grads, May 2014
  • Bipartisan Bill Introduced in Congress Would Create a Private Right of Action for Trade Secret Theft Under Federal Law, BFV E-News, July 2014
  • Mobile Devices in the Workplace: Protecting Trade Secrets and Confidential Information, Attorney at Law Atlanta Magazine, Volume 3 Number 5
  • A Journey Back in Time: The National Center for Civil & Human Rights, The Atlanta Lawyer – The Atlanta Bar Association, November 2014
  • BFV's Global Reach, BFV E-News, December 2014
  • "Defensible Deletion after Information Theft is Discovered," Today's General Counsel, February/March 2015
  • "Recent State Law Legislative Developments Relating to Non-Competes and Trade Secrets," November 2015

Educational Background:

  • Duke University, B.A., 1989
Office Location for Benjamin I. Fink

3475 Piedmont Road Northeast
Suite 1100
Atlanta, GA 30305

Phone: 404-261-7588

Fax: 404-233-1943

Benjamin I. Fink:

Last Updated: 9/27/2018

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