Benjamin I. Fink is a shareholder in the firm. Ben’s practice involves advising companies and their owners in a wide variety of legal issues impacting their businesses. Ben concentrates his practice in business and commercial litigation with a particular emphasis on litigation involving non-compete, non-solicitation, confidential information and trade secrets agreements and other competition-related litigation.

Ben’s practice includes representation of both plaintiffs and defendants in all types of business and commercial disputes including contract disputes, business torts, unfair competition claims, restrictive covenant and trade secrets claims, partnership, shareholder and other internal corporate disputes, shareholder derivative lawsuits and securities fraud claims.

Ben’s non-compete and unfair competition practice includes representation of both plaintiffs and defendants in disputes involving restrictive covenants including non-compete, non-solicitation of customers, non-recruitment of employees, non-disclosure/confidential information and trade secrets provisions as well as disputes involving 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 claims, Electronic Communications Privacy Act claims and Computer Fraud and Abuse Act claims.

Ben is also experienced in drafting agreements that can be instrumental in protecting the competitive edge of his client’s businesses and in avoiding unfair competition, including agreements containing non-competition, non-solicitation, non-recruitment and confidentiality and trade secrets provisions.

Ben writes and lectures regularly on non-compete agreements and related topics, as well as other topics involving competition-related legal issues and other legal issues facing businesses. In 2008, Ben testified before a joint committee of the Georgia House and Senate that was studying proposed legislation relating to restrictive covenant agreements. Ben 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 the legislation.

Ben serves as a Vice Chairman of the Executive Committee and as the Chairman of the Professional Committee for the American-Israel Chamber of Commerce, Southeast Region. Ben also serves on the Alumni Admissions Advisory Committee for Duke University. Ben has also been appointed by the Georgia Supreme Court as a mentor for the Transition into Law Practice Program for new lawyers. Ben was also named a Super Lawyer by Atlanta Magazine in the area of Employment Law in 2005, 2006 and 2007.

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 a son Henry and a daughter Elizabeth. While not practicing law, Ben enjoys spending time with his family and kayaking, hiking, bicycle riding and golf.

Representative Cases

Defended seller of company in commercial arbitration in New York City against claims by buyer in excess of $150 million for alleged fraud and breach of indemnification provisions in Stock Purchase Agreement.

Successfully challenged over broad non-compete agreement for senior sales executive and physician and their new employer, a public company in the disease management business.

Successfully enforced non-compete agreement against former sales representative and new employer for large, national insulation sub-contractor.

Appointed by Superior Court of Cobb County, Georgia as Special Master to preside over expedited discovery and carry out the terms of a Temporary Restraining Order in a lawsuit involving alleged economic espionage and theft of trade secrets and confidential information.

Obtained favorable settlement in federal court case in Tennessee in case involving enforcement of non-compete agreements against former owners of company acquired by client, a large, national insulation sub-contractor.

Consulted by multi-national, aerospace manufacturer concerning hiring of management team from a competitor.

Obtained favorable settlement for CFO for hire firm against former employee who improperly diverted business and illegally downloaded information from the firm’s computer systems.

Obtained $500,000 jury verdict for distributor of roofing products against manufacturer for breach of distributorship agreement and successfully defended distributor against counterclaims by the manufacturer for breach of fiduciary duty and fraud.

Successfully defended former Chief Executive Officer of public company in the gaming business from claims of securities fraud in excess of $5 million brought by a shareholder in federal court by obtaining directed verdict at the close of the plaintiff’s case.

Successfully defended hospice company against claims of age and gender discrimination and violation of the Equal Pay Act by former staff physician by obtaining summary judgment as to all of the plaintiff's claims.

Represented joint venture of three large, publicly traded competitors in drafting and negotiating employment agreement for chief executive officer of joint venture.
Successfully defended medical device distributor and its employees from claims of unfair competition and breach of non-compete agreements brought by former distributor.

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.

Successfully defended executive in temporary and contract staffing business from attempt by former employer, a large multi-national company, to enforce over broad non-compete agreement.

Obtained reversal on appeal of jury verdict and judgment for breach of contract and fraud entered against clients in the pre-funding of personal injury lawsuits business in case tried by other counsel.

Defended insurance consulting firm at trial against compensation and fraud claims brought by former president of company. Obtained directed verdict at the close of the plaintiff’s case on president’s claim of fraud, though jury returned a verdict for him on his contract claims.

Obtained favorable settlement of sexual harassment claim involving allegations of rape by a store manager brought by former employee of large, regional fast-food chain against the company.

Obtained favorable settlement for accountants who left a regional firm to form their own accounting firm and were sued for breach of a non-disclosure agreement and for violation of the trade secrets act.

Obtained transfer to federal district court in Texas of lawsuit brought in federal court in Georgia by former employee challenging enforceability of non-compete agreement for Texas based company providing financial and insurance products to automobile dealers.

Successfully defended seller of for-profit trade school in federal court in Dallas, Texas from claims of buyer for fraud and breach of contract.

Obtained favorable settlement for a software and transaction processing company in relation to claims for copyright infringement brought by the Business Software Alliance.

Successfully defended minority owner of limited liability company in vinyl siding business from attempt by majority owner to enforce over broad restrictive covenants in their operating agreement.

Education

B.A., Duke University, 1989
J.D., Emory University School of Law, 1992

Bar Admissions

Georgia, 1992
- Supreme Court of Georgia
- Court of Appeals of Georgia
Federal
- Supreme Court of the United States
- Eleventh Circuit Court of Appeals
- Fourth Circuit Court of Appeals
- United States District Court, Northern District of Georgia
- United States District Court, Middle District of Georgia
New Jersey, 1993

Professional Memberships

State Bar of Georgia
- Labor and Employment Section
- Special Committee to provide legal research services to members of the Georgia General Assembly in connection with their study of possible legislation in the area of restrictive employment covenants.
- Business Law Section
American Bar Association
- Labor and Employment Section
Atlanta Bar Association
- Labor and Employment Section
- Litigation Section
- Small Firm Section
DeKalb Bar Association
Federal Bar Association
Lawyers Club of Atlanta

Articles and Publications

Protecting Customer Relationships in the Blackberry Age (Spring 2010)

Restrictive Covenants Legislation to Go into Effect Upon Passage of Constitutional Amendment in 2010 General Election
4/29/2009.

Daily Report cites Benjamin I. Fink and Steven A. Wagner for their work on fee award in Title VII case.

How to Protect Your Business from Employees Who Leave Builders Resource Magazine - April 2007.

Restrictive Covenants in Georgia: Avoiding the Choice of Law Trap. Employment Law 360.com November 27, 2006.

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)

Personal Jurisdiction and the Internet: Changing the Rules or Not?
Technology Law Section Newsletter, State Bar of Georgia
(Winter, 2003)

Protecting Your Business from Start to Finish: Identifying Your Objectives When Using Restrictive Covenants in Employment Agreements, The Human Resource (April, 2003)

Employment Agreements-Leaving Employees Can Sometime Be
Thieving Employees,Competitive Edge (September/October, 2002).

Employment Agreements in Georgia: Avoiding Costly Mistakes, HR Atlanta, Volume 7, No. 5 (October, 1999).

Speaking Engagements/Appearances

On January 29, 2010, Ben spoke 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.

In January 2008, Ben spoke at an ethics, professionalism and mentoring seminar hosted by the Lawyers Club of Atlanta.

Since 1995, Ben has 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.

From 2005 to 2007, Ben 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.

Ben spoke 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.

Ben appeared on the Layman's Lawyer on WPBA Channel 30 on October 31, 2003 discussing non-compete agreements.

Community Involvement

American-Israel Chamber of Commerce, Southeast Region
-Vice Chairman, 2009-2010
- Executive Committee (2003 – present)
- Board of Directors (1999 – present)
- Chairman, Professional Committee (2003 – present)

Jewish Federation of Greater Atlanta
- International Planning and Allocations Committee (2003 – 2005)

Duke University
- Alumni Admissions Advisory Committee (2000 – present)

Georgia Supreme Court
- Appointed by Georgia Supreme Court as Mentor for Transition into Law Practice Program.

Honors

Ben has been selected as a Georgia “Super Lawyer” in 2005, 2006, 2007, 2008, 2009 and 2010 by Atlanta Magazine based on research and surveys conducted by Law and Politics Media.