Neal Weinrich

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: 678-681-6016
Fax: 404-233-1943
Selected to Rising Stars: 2012 - 2020
Licensed Since: 2006
Practice Areas:
  • Business Litigation
Attorney Profile

Neal Weinrich is a shareholder at BFV. Neal’s practice focuses on resolving business disputes through litigation, arbitration, and mediation.

The emphasis of Neal’s practice is litigation involving restrictive covenants, trade secrets and other competition-related issues. Neal has represented employers and employees, as both plaintiffs and defendants, in disputes involving covenants not to compete, covenants not to solicit customers, covenants not to recruit employees, and covenants not to disclose confidential information or trade secrets. Neal has also litigated many competition-related disputes involving claims for tortious interference with business, contractual and/or employment relations, breach of fiduciary duty and/or duty of loyalty, deceptive trade practices, defamation, violations of the Computer Systems Protection Act, violations of the Computer Fraud and Abuse Act, and/or violations of the Stored Communications Act.

In addition to cases involving competition-related issues, Neal handles a variety of other business-related matters, including complex commercial litigation, contract disputes, cases involving business torts, partnership or shareholder disagreements, and claims brought under Title VII or other employment-related laws. Neal also works on real estate disputes, including cases involving mortgage fraud, boundary disputes, contractor/sub-contractor disagreements, title issues, and claims brought under the Fair Housing Act.

Neal graduated from Tulane University in May of 2003. After leaving New Orleans, Neal moved to Atlanta to begin his studies at Emory University School of Law in the Fall of 2003. Neal worked for BFV as a Summer Associate in 2005 and then joined the firm after graduating from Emory University School of Law in May of 2006. 

Neal is involved with the Atlanta Tulane Alumni Association and is an Atlanta Falcons season ticket-holder and avid fan. Neal also enjoys running road races, playing tennis, golfing, traveling, and spending time with his wife and son.

Since 2012, Neal has been named a Georgia Super Lawyers Rising Star.

 
Practice Areas
Lawyer Practice Area Pie Chart

Business Litigation (100%): Trade Secret, Non-Compete Agreements

Focus Areas

Trade Secret, Non-Compete Agreements

Selections

top-imageSelected to Rising Stars for 9 years

Rising Stars: 2012 - 2020

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About Neal Weinrich

Admitted: 2006, Georgia

Professional Webpage: http://www.bfvlaw.com/attorneys/neal-f-weinrich/

Honors/Awards:

  • James C. Pratt Best Brief Award, Moot Court Society, 2004-2005
  • Director of Special Teams, Moot Court Society, 2005-2006
  • Tulane University Deans' Honors Scholar
  • Emory University School of Law C. Robert Henrikson Scholarship Recipient
  • Member, Moot Court Society, 2004-2006
  • Order of the Barristers, Emory Law School
  • Georgia Super Lawyers Rising Star, 2012-2014
  • Tulane College Religious Studies Award, 2003

Bar/Professional Activity:

  • State Bar of Georgia, Georgia Young Lawyers Division, Ethics and Professionalism Committee, Co-Chair, 2014-2015
  • Court of Appeals of Georgia
  • Georgia, 2006
  • Atlanta Bar Association, Board Member, Labor & Employment Section, Litigation Section, 2019
  • State Bar of Georgia, Georgia Young Lawyers Division, Labor & Employment Committee
  • Supreme Court of Georgia
  • United States District Court, Northern District of Georgia
  • Atlanta Bar Association, Labor & Employment Section
  • State Bar of Georgia, Georgia Young Lawyers Division, Litigation Committee
  • State Bar of Georgia, Georgia Young Lawyers Division, Intellectual Property Committee
  • Eleventh Circuit Court of Appeals
  • Lawyers Club of Atlanta
  • American Intellectual Property Law Association, Digital Forensics Subcommittee, Trade Secret Law Committee, Vice-Chair, 2014

Pro bono/Community Service:

  • Atlanta Tulane Alumni Association
  • Lawyers Club of Atlanta
  • Pro Bono Partnership of Atlanta

Scholarly Lectures/Writings:

  • On October 3, 2018, Neal co-presented to Fulton County Superior Court judges & staff attorneys, “Georgia’s Restrictive Covenant Act: Where Does Georgia Noncompete Law Stand Now?”
  • Practical Law Commercial Transactions: Confidentiality and Nondisclosure Agreements (GA),” published by Thomson Reuters, February 2018.
  • On April 4, 2019, Neal presented “Trade Secrets: Protecting the Hidden Practice of Your Ideas.” Neal’s presentation was part of an intellectual law property law workshop for faculty and students at the Georgia Tech InVenture Prize competition.
  • On March 22, 2019, Neal moderated “Proactively Dealing with Confidential/Trade Secret Information when Advising a Departing Employee/New Employer” at the AIPLA 2019 Trade Secret Law Summit in New York.
  • On January 10, 2019, Neal presented “Trade Secrets, Confidential Information and Computer Fraud and Abuse” at the State Bar of Georgia’s ICLE seminar, “Restrictive Covenants and Trade Secrets in Georgia.”
  • The Enforceability of Choice-of-Law Provisions in Employment Agreements in Light of Georgia’s New Restrictive Covenants Act, Atlanta Bar Association Labor & Employment Section Newsletter (Winter 2011-2012).
  • A Federal Cause of Action for Trade Secret Misappropriation,” Atlanta Bar Association Labor & Employment Law Section Newsletter, Fall 2016.
  • On October 2, 2014, Neal co-presented "Evidence Collection in the Mobile Age: Obstacles & Opportunities in Mobile Forensic Collections" as part of the American Intellectual Property Law Association Trade Secret Law Committee Education Series, 2014
  • On October 6, 2014, Neal served as a facilitator at The Law Partners International seminar "Moral Achievement: The Defining Characteristic of Good Lawyering." The seminar featured Avarita Hanson, executive director of the Chief Justice's Commission on Professionalism, 2014
  • On May 22, 2015, Neal presented "Recent Developments in Georgia Non-Compete Law" at a continuing legal education seminar for attorneys. The Employment Law seminar was held at Mercer University Walter F. George School of Law in Macon, Ga., 2014
  • On December 3, 2014, Neal presented "Recent Developments in Georgia Trade Secrets Law" at a Trade Secrets Seminar sponsored by the Young Lawyers Division Labor & Employment Committee, State Bar of Georgia, 2015
  • "Take Advantage of Georgia's New Restrictive Covenants Act," BFV E-News, July 2014, 2014
  • "Employers Take Heed: Responding To Garnishments Constitutes The Unauthorized Practice Of Law", BFV Business Law Perspectives, November 2011, 2011
  • "Mobile Devices in the Workplace: Protecting Trade Secrets and Confidential Information," Attorney at Law Atlanta Magazine (Volume 3 Number 5), 2015
  • "Defensible Deletion after Information Theft is Discovered," Today's General Counsel (February/March 2015), 2015
  • On July 14, 2015, Neal presented "Unfair Competition 101: A Primer for Business Owners and Employees" at the Tulane Alumni Association Business Breakfast in Atlanta, 2015
  • On October 22, 2015, Neal was a guest attorney/lecturer at a Contract Drafting class at Emory University School of Law. Neal led a discussion on drafting non-competes and other restrictive covenants. He also addressed other contractual issues that arise when employees leave companies and ways companies can protect confidential information from theft, 2015
  • On November 13, 2015, Neal presented at the American Intellectual Property Law Association (AIPLA) Trade Secrets Summit in Boston. His presentation was titled "Making Smarter Trade Secret Decisions by Assessing the Overall IP Portfolio, Economic Value and Enforcement and Damage Strategies – Damage Strategies from Outside Counsel's Perspective.", 2015
  • “Significant Changes to Georgia Law on Non-Competes Possibly on the Horizon”, BFV Business Law Perspectives, October 2009
  • Restrictive Covenants Legislation to Go into Effect Upon Passage of Constitutional Amendment in 2010 General Election, April 2009
  • Declaratory Judgment Actions: When are they Appropriate?, October 2007
  • "The Fair Housing Act and the Extended Stay Industry", Converge's HospitalityLawyer.com Weekly Brief, October 3, 2013
  • Supreme Court Upholds FLSA Exemption for Certain Home Health Care Employees, August 2007
  • “Arbitration Clauses in Non-Compete Agreement: The United States Supreme Court Chimes In”, Atlanta Bar Association Labor & Employment Law Section Newsletter, Summer 2013
  • Employers Beware when Drafting and Proposing Severance Agreements, June 2007
  • Non-Competes and the Fast Food Drive-Thru Window
  • “Reductions-in-Force: Are You Entitled to a FICA Tax Refund?” BFV E-News, April 2013
  • Neal moderated a panel with Judge Duffey of the Northern District of Georgia at the American Intellectual Property Law Association (AIPLA) Trade Secret Law Summit. The panel, "Perspectives from The Bench: How Judges View The Growth and Scope of Trade Secret and Restrictive Covenant Disputes," addressed various issues relating to trade secret and restrictive covenant litigation, March 3, 2017
  • “Georgia’s New Non-Compete Statute: Is This Legislation Good for Business in Georgia?”, BFV Business Law Perspectives, Summer 2010
  • Neal Presented at "Common Evidentiary Foundations and Evidentiary Rules for TROs and Preliminary Injunctions" at the Atlanta Bar Association, February 7, 2017
  • “Litigation Holds and the Preservation of Relevant Information: Business Acumen and Good Management Practices in the Electronic Era”, BFV Business Law Perspectives, May 2010
  • Neal presented "Trade Secrets, Confidential Information and Computer Fraud and Abuse" at a State Bar of Georgia seminar on Restrictive Covenants, January 25, 2017
  • “A Primer for Georgia Employers on What Litigation Under the New Restrictive Covenants Act May Look Like”, BFV Business Law Perspectives, May 2011
  • Neal co-presented "The Defend Trade Secrets Act: Trade Secret Protection Goes Federal" to webinar participants of the Institute of Continuing Legal Education in Georgia, June 21, 2016
  • “When the Office Closes: To Pay or Not to Pay?”, BFV Business Law Perspectives, May 2011
  • Neal presented "Georgia's Restrictive Covenant Act: How Has It Impacted Non-Compete Practice?" at the Fulton County Business Court's monthly seminar.  Attendees included state and superior judges and staff attorneys, March 2, 2016
  • “Extended-Stay Hotels: Are your Operations Compliant with the Fair Housing Act?” Hotel Business Magazine, September 2013
  • Neal spoke on "Recent Federal and State Legislative Developments in Trade Secret and Non-Compete Law" at a “Restrictive Covenants and Trade Secrets” seminar for the Institute of Continuing Legal Education in Georgia, January 14, 2016
  • "The Debut of the Blue Pencil", Atlanta Bar Association Labor & Employment Law Section Newsletter, Winter 2012
  • On October 25, 2017, Neal was a guest speaker at the Atlanta Bar Association’s program, “But you said you’re a Lawyer?! Topics every Lawyer Should Know (A Little) About.” Neal discussed non-compete agreements., 2017
  • "Why Are You Still Ignoring Me? Will Georgia Courts Still Disregard Choice-of-Law Provisions in Employment Agreements Containing Restrictive Covenants in Light of Georgia's New Non-Compete Law?", Atlanta Bar Association Labor & Employment Law Section Newsletter, Winter 2012
  • On January 11, 2018, Neal was a guest speaker at the State Bar of Georgia’s Institute of Continuing Legal Education program, “Restrictive Covenants & Trade Secrets in Georgia.” He discussed trade secrets, confidential information and computer fraud and abuse. He also participated on a panel that discussed injunctions, declaratory judgments and protective orders., 2018
  • "The Game has Changed: What will Litigation under the New Restrictive Covenants Act Look Like?", Atlanta Bar Association Labor & Employment Law Section Newsletter, Spring 2011
  • On March 1, 2018, Neal facilitated a discussion, “Drafting and Litigating Noncompete and Trade Secret Matters Outside your Jurisdiction” at the American Intellectual Property Law Association’s Trade Secret Summit in San Diego., 2018
  • "LinkedIn® and Restrictive Covenants: Issues and Potential Pitfalls to Consider in the Age of Social Media", Atlanta Bar Association Labor & Employment Law Section Newsletter, Summer, 2010
  • On March 20, 2018, Neal presented “Restrictive Covenant Litigation” at the Business Litigation seminar hosted by the Institute of Continuing Legal Education in Georgia., 2018
  • Co-Author, "Restrictive Covenant Litigation" chapter in Georgia Business Litigation, 2013 Daily Report Books, a division of ALM Media, LLC (2013), 2013
  • Atlanta Bar Labor & Employment Section Advanced Employment Law Seminar, Panel Participant, 2013
  • "Passover Guide for Departing Employees," Atlanta Jewish Times, March 2013, 2013
  • “The Times, They Are A’Changin’: Georgia’s New Restrictive Covenant Law,” BFV Business Law Perspectives, Winter 2011
  • On February 26, 2014, Neal spoke via webinar to the Trade Secrets Committee of the American Intellectual Property Law Association. Neal spoke on the use of electronic mobile devices in the workplace and the policies that should be implemented to protect trade secrets which may exist on such devices, 2014
  • In March 2013, Neal was a panel participant at the Atlanta Bar Association Labor & Employment Law Section seminar on Advanced Employment Law. Neal offered advice on what employers can do to avoid jeopardizing intellectual property when employees depart, 2013

Verdicts/Settlements:

  • Obtained injunction against former employee of company which provides multi-cultural health care marketing, health management and health care communications solutions based on her theft of proprietary company information
  • Obtained favorable settlement for publicly traded software development and e-commerce firm in defense of claims by former customer for fraud and breach of contract
  • Obtained dismissal on jurisdictional grounds of federal copyright infringement action brought by copyright troll against website owner who was alleged to have improperly replicated a news -related image from the Denver Post’s website
  • Obtained dismissal with prejudice of federal lawsuit seeking COBRA penalties and damages brought by former employee of company that provides military equipment training and design and manufacturers military simulation products. 
  • Obtained favorable settlement of federal lawsuit alleging Fair Housing Act discrimination against extended-stay hotel
  • Obtained favorable settlement for company that provides travel technology and data services in federal lawsuit against former employees alleged to have taken proprietary company’s software.
  • Obtained judgment on behalf of credit card merchant processing company for unpaid draw owed by sales representative
  • Obtained favorable settlement of dispute between adjoining homeowners in Midtown Atlanta over ownership of alleyway in between their properties.
  • Obtained favorable settlement of claims by client that buys and sells large apartment complexes against buyer which breached employee non-recruitment provision in the parties’ purchase and sale agreement
  • Obtained favorable settlement of FINRA arbitration against former employee of large brokerage who was alleged to have violated non-solicitation covenants and to have taken trade secrets in connection with transitioning to a new firm
  • Obtained favorable settlement of lawsuit against client which provides in-home nursing services based on hiring of former employee of competing company who was subject to unenforceable restrictive covenants
  • Obtained jury verdict for all damages sought following four-day trial in federal court in Alabama on claims for finder’s fee owed to broker of steel manufacturing facility
  • Obtained favorable settlement of claims brought by former employee of credit card merchant processing company for alleged breach of stock option agreement.
  • Obtained summary judgment and attorneys’ fees award in defense of claims by tenant against real estate broker seeking return of security deposit and alleging self-help and other damages
  • Obtained dismissal of pregnancy discrimination claim against thrift store
  • Defended former key employees of transportation logistics company against efforts to enforce over broad restrictive covenants.  Obtained denial of motion for temporary restraining order in action filed against employees in Delaware.  Obtained declaratory judgment from Georgia court that one of the employee’s covenants were unenforceable. Also obtained declaratory judgment on behalf of new employer with respect to both employees’ over broad restrictive covenants.  Successfully obtained voluntary dismissal of arbitration against second employee based on results in other actions.
  • Successfully defended trade secrets claims brought by international animal health company against former veterinary products sales representatives who moved to a competitor.
  • Assisted owner of mail order jewelry company in disputes with former partner; including filing lawsuit to recover debts owed on jointly-owned property.  Obtained favorable settlement of all claims relating to partnership.
  • Provided substantial research and assistance for trial on securities fraud claims in which the plaintiff sought over $5 million in damages against the former CEO of a public company in the gaming business.  Trial resulted in a directed verdict on all claims at the close of the plaintiff’s case.
  • Represented former employees of third-party logistics company in federal lawsuit filed by former employer against new employer and employees based on alleged raiding and trade secrets violations.  Obtained favorable settlement of all claims.
  • Obtained dismissal on statute of limitations grounds of premises liability claims arising from shooting at a hotel.
  • Enforced restrictive covenants in South Carolina lawsuit against former owner of company acquired by client, a large, national installation sub-contractor
  • Successfully defended executive in temporary and contract staffing business in federal lawsuit where former employer, a large multi-national company, sought to enjoin executive from violating over broad non-compete agreement.

Educational Background:

  • Tulane University, B.A., Honors: cum laude, May, 2003
  • J.D., Emory University School of Law, 2006
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Office Location for Neal Weinrich

3475 Piedmont Road Northeast
Suite 1100
Atlanta, GA 30305

Phone: 678-681-6016

Fax: 404-233-1943

Neal Weinrich:

Last Updated: 7/22/2019

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