Benjamin's Bio
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 nearly 30 years in practice, Ben has handled...
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Latest Post
The news regarding the massive cyber security breach of the federal government has taken a backseat to the more recent and sensational political events; however, it is now apparent that the breach could result in the exposure of trade secrets filed under seal in federal court litigation. More specifically, the...
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Latest Publications
“Is Liberal Enforcement of NonCompetes Still Good Policy?,” Georgia Bar Journal (October 2020)
“Employer Alert: Non-Competes are Under Attack in Certain States,” Berman Fink Van Horn E-News (Winter 2020)
“Protecting Trade Secrets in a Coworking Space,” American Intellectual Property Law Association’s “Innovate Magazine” (October 2019)
“Practical Law Commercial Transactions: Confidentiality and Nondisclosure Agreements (GA),” published by Thomson Reuters (February 2018)
“No Punitive Damages under the GCSPA: What Employment Litigators should Know about the Georgia Supreme Court’s Recent Decision,” Atlanta Bar Association Labor & Employment Bar Section Newsletter (Spring 2017)
“Spies in our Midst: The Reality of Trade Secret Theft,” Emorywire, the digital magazine of Emory Alumni Association (October 2016)
“The Employee Fiduciary Duty in Georgia: Narrowest in all the Land?” Atlanta Bar Association Labor & Employment Law Section (Spring 2016)
“Trade Secret Lessons,” Berman Fink Van Horn E-News (Winter 2015/2016)
“Recent State Law Legislative Developments Relating to Non-Competes and Trade Secrets” (November 2015)
“Defensible Deletion after Information Theft is Discovered,” Today’s General Counsel (February/March 2015)
BFV’s Global Reach, Berman Fink Van Horn E-News (December 2014)
A Journey Back in Time: The National Center for Civil & Human Rights, The Atlanta Lawyer – The Atlanta Bar Association (November 2014)
Mobile Devices in the Workplace: Protecting Trade Secrets and Confidential Information, Attorney at Law Atlanta Magazine (Volume 3 Number 5)
Bipartisan Bill Introduced in Congress Would Create a Private Right of Action for Trade Secret Theft Under Federal Law, Berman Fink Van Horn E-News (Summer 2014)
Interview with Mr. Benjamin Fink: Job Market for Students and Recent Grads (May 2014)
Is Strict Enforcement of Non-Competes Good Policy? Substantial Evidence Suggests it is Not (April 2014)
Is your Company BYOD or COPE?, Atlanta Bar Association Labor & Employment Section Newsletter (Holiday Edition 2013)
Co-Author, “Restrictive Covenant Litigation” chapter in Georgia Business Litigation,2013 Daily Report Books, a division of ALM Media, LLC (2013)
Why we do Pro Bono Work, Berman Fink Van Horn E-News (November 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)
Protect your Company Information from Personal Devices, Berman Fink Van Horn E-News (April 2013)
Is Sending an Announcement “Solicitation?”, Berman Fink Van Horn E-News (October 2012)
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 Primer for Georgia Employers on What Litigation Under the New Restrictive Covenants Act May Look Like, Business Law Perspectives (Spring 2011)
“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
Georgia’s New Non-Compete Statute: Is This Legislation Good for Business in Georgia? Business Law Perspectives (Summer 2010)
Ben Fink Quoted: Noncompete Law To Spur Drawn-Out Battles (subscription required) Law 360, a newswire for business lawyers (April 2011)
Litigation Holds and the Preservation of Relevant Information: Business Acumen and Good Management Practices in the Electronic Era Business Law Perspectives (Spring 2010)
Protecting Your Customer Relationships in the BlackBerry Age Business Law Perspectives (Winter 2010)
Significant Changes to Georgia Law on Non-Competes Possibly on the Horizon Business Law Perspectives (Fall 2009)
Daily Report cites Benjamin I. Fink for 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).
Benjamin's Biography
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 nearly 30 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 parties in 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, Stored Communications Act claims and Telephone Consumer Protection Act (TCPA) claims.
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. He 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.
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.
Since 2005, Ben has been named a Super Lawyer in Atlanta Magazine for his work in Employment/Business Litigation and he has been selected by Georgia Trend magazine 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).
A member of the Labor and Employment Section Board of Directors of the Atlanta Bar Association from 2011 to 2019, Ben served as its Chair from 2014-2015. 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 Atlanta Regional Alumni Board; and the alumni board of Emory Law School (2015 – present). In 2019, Ben was named President – Elect of the Alumni Board of Emory Law School.
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.
Benjamin's Publications
“Is Liberal Enforcement of NonCompetes Still Good Policy?,” Georgia Bar Journal (October 2020)
“Employer Alert: Non-Competes are Under Attack in Certain States,” Berman Fink Van Horn E-News (Winter 2020)
“Protecting Trade Secrets in a Coworking Space,” American Intellectual Property Law Association’s “Innovate Magazine” (October 2019)
“Practical Law Commercial Transactions: Confidentiality and Nondisclosure Agreements (GA),” published by Thomson Reuters (February 2018)
“No Punitive Damages under the GCSPA: What Employment Litigators should Know about the Georgia Supreme Court’s Recent Decision,” Atlanta Bar Association Labor & Employment Bar Section Newsletter (Spring 2017)
“Spies in our Midst: The Reality of Trade Secret Theft,” Emorywire, the digital magazine of Emory Alumni Association (October 2016)
“The Employee Fiduciary Duty in Georgia: Narrowest in all the Land?” Atlanta Bar Association Labor & Employment Law Section (Spring 2016)
“Trade Secret Lessons,” Berman Fink Van Horn E-News (Winter 2015/2016)
“Recent State Law Legislative Developments Relating to Non-Competes and Trade Secrets” (November 2015)
“Defensible Deletion after Information Theft is Discovered,” Today’s General Counsel (February/March 2015)
BFV’s Global Reach, Berman Fink Van Horn E-News (December 2014)
A Journey Back in Time: The National Center for Civil & Human Rights, The Atlanta Lawyer – The Atlanta Bar Association (November 2014)
Mobile Devices in the Workplace: Protecting Trade Secrets and Confidential Information, Attorney at Law Atlanta Magazine (Volume 3 Number 5)
Bipartisan Bill Introduced in Congress Would Create a Private Right of Action for Trade Secret Theft Under Federal Law, Berman Fink Van Horn E-News (Summer 2014)
Interview with Mr. Benjamin Fink: Job Market for Students and Recent Grads (May 2014)
Is Strict Enforcement of Non-Competes Good Policy? Substantial Evidence Suggests it is Not (April 2014)
Is your Company BYOD or COPE?, Atlanta Bar Association Labor & Employment Section Newsletter (Holiday Edition 2013)
Co-Author, “Restrictive Covenant Litigation” chapter in Georgia Business Litigation,2013 Daily Report Books, a division of ALM Media, LLC (2013)
Why we do Pro Bono Work, Berman Fink Van Horn E-News (November 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)
Protect your Company Information from Personal Devices, Berman Fink Van Horn E-News (April 2013)
Is Sending an Announcement “Solicitation?”, Berman Fink Van Horn E-News (October 2012)
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 Primer for Georgia Employers on What Litigation Under the New Restrictive Covenants Act May Look Like, Business Law Perspectives (Spring 2011)
“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
Georgia’s New Non-Compete Statute: Is This Legislation Good for Business in Georgia? Business Law Perspectives (Summer 2010)
Ben Fink Quoted: Noncompete Law To Spur Drawn-Out Battles (subscription required) Law 360, a newswire for business lawyers (April 2011)
Litigation Holds and the Preservation of Relevant Information: Business Acumen and Good Management Practices in the Electronic Era Business Law Perspectives (Spring 2010)
Protecting Your Customer Relationships in the BlackBerry Age Business Law Perspectives (Winter 2010)
Significant Changes to Georgia Law on Non-Competes Possibly on the Horizon Business Law Perspectives (Fall 2009)
Daily Report cites Benjamin I. Fink for 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).
Benjamin's Posts
The news regarding the massive cyber security breach of the federal government has taken a backseat to the more recent and sensational political events; however, it is now apparent that the breach could result in the exposure of trade secrets filed under seal in federal court litigation. More specifically, the...
Read More Today is a big day! Along with my colleagues Russell Beck and John Marsh, I am pleased to announce the launch of Fairly Competing — a podcast providing in-depth analysis of trade secret law and the law of noncompetes and other restrictive covenants. Click here to learn more and play the...
Read More In the face of enormous changes in the workplace due to the COVID-19 pandemic, have you given thought to trade secret theft by departing employees? The pandemic has inevitably led to job loss as some employers have been forced to furlough employees or reduce staff. Although involuntarily terminated employees...
Read More As previously reported in this blog, in November 2018, Georgia voters approved a constitutional amendment to establish a statewide business court for business cases and matters. The Georgia Statewide Business Court (“GSBC”) opened its doors on August 1, 2020. This is the first new court established in Georgia in 114...
Read More Yesterday, I had the privilege to moderate a panel at the American Intellectual Property Law Association 2020 Virtual Trade Secret Law Summit, “All You Need to Know About Ex Parte Seizures under the DTSA.” I am very involved with the American Intellectual Property Law Association’s Trade Secret Law Committee. I encourage...
Read More This webinar focuses on measures you can take to protect your employees and business now and in the future, including trade secret protection, employment agreements, contracts and more. This presentation is part of BFV’s “Office Hours,” a series of webinars to address multiple aspects of re-opening your business in today’s...
Read More Earlier this year, we informed you that Virginia passed new legislation restricting the use of non-competes for low-wage employees. This new law is now in effect and applies to non-compete agreements entered on or after July 1. Updated Guidance for EmployersBelow are some guidelines for employers to follow to ensure...
Read More While the nation has been in various states of lock down due to COVID-19, have you thought about protecting trade secrets during a pandemic? In order to protect the health and safety of their workforce, many employers have been allowing employees to work remotely. According to a recent poll by...
Read More To seal a settlement agreement or not? That is often the question when trade secret, non-compete and other competition-related lawsuits are resolved with a settlement agreement. The terms of the agreement may involve entry of a consent injunction or order and can contain sensitive business information that the parties may...
Read More A key question in every trade secrets case is what are the trade secrets that the owner claims have been taken, used or disclosed. This seemingly simple question is often hotly litigated and can bog trade secrets lawsuits down for months at a time at an enormous cost for the...
Read More Earlier this month, Virginia enacted new legislation concerning non-competes for low-wage employees. On April 9, 2020, SB 480 was signed into law by Virginia’s Governor, Ralph Northam, and it restricts the use of non-competes for low-wage employees. The new law is effective July 1, 2020, is not retroactive, and applies...
Read More At Berman Fink Van Horn, we pride ourselves on providing legal counsel as well as tools and resources to help you at every stage of your business. Below are two resources I'd like to share with you to help you learn, understand and monitor important trends that can impact you...
Read More In the world of non-competes, trade secrets and other restrictive covenants, an injunction is one of the most potent weapons. Injunctions are often used against a breach or threatened breach of a restrictive covenant agreement or threatened or actual misappropriation of trade secrets. However, what happens when someone is violating...
Read More The Georgia Court of Appeals recently issued a decision that has significant implications for drafting and enforcement of restrictive covenants, including non-competes, customer non-solicits and employee non-solicits and non-recruitment provisions. Restrictive Covenant Litigation In Belt Power v. Reed, 2020 WL 1150059 (Ga. App. 2020), the court addressed three key issues...
Read More 1.16.20: The blog below has been updated from its previous post on 8.28.19 Between the now-infamous Jimmy John’s debacle and the Obama administration’s call to reduce use of non-compete agreements, it’s fair to say that 2016 was a tough year for employers who rely heavily on non-competes. Though 2016 is now long behind us, the...
Read More Are non-competes for lawyers permitted? The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently released additional guidance regarding ethical obligations when lawyers change firms in the United States. Formal Opinion 489 acknowledges that lawyers have the right to change firms and reiterates that ABA ethics rules...
Read More In a recent decision, a loan agreement was found to have restrained trade by calling for a $10,000 penalty triggered simply by the fact of competition. Wind Logistics Professionals LLC v Universal Truckload, Inc., 2019 WL 4600055 (N.D. Ga., Sept. 23, 2019).In the case, an independent contractor who coordinated transportation...
Read More Between the now-infamous Jimmy John’s debacle and the Obama administration’s call to reduce use of non-compete agreements, it’s fair to say that 2016 was a tough year for employers who rely heavily on non-competes. Though 2016 is now long behind us, the year’s major events were the beginning of a...
Read More In the case of Board of Regents of the University System of Georgia v. One Sixty Over Ninety, LLC, 2019 WL 2635620 (June 27, 2019), in a case of first impression, the Georgia Court of Appeals held that the Georgia Trade Secrets Act of 1990 does not contain an express...
Read More In the case of Food Marketing Institute v. Argus Leader Media, the Supreme Court provides insight into sharing trade secrets with the federal government. In particular, it addresses what information can be legitimately deemed confidential when that information is provided to the government. Notably, there are two important lessons that...
Read More Looking back on my three days in Vancouver with lawyers from all over the world, the one thing that strikes me the most is how similar we all are. We may speak different languages. We may live on different continents and in different countries. We may each have our own...
Read More Coworking space, like those operated by WeWork, Roam and Industrious, have enjoyed explosive growth over the past decade. Start-ups, freelancers and established companies alike are drawn to these spaces because of their innovative office designs and collaborative environments. The success of coworking space is a testament to the numerous advantages...
Read More On April 26th, we celebrate World Intellectual Property Day. Why would Berman Fink Van Horn, a business law firm, celebrate this day? The answer is trade secrets. While there are many types of intellectual property, our firm spends a lot of time advising clients about and litigating disputes involving one...
Read More On April 5, 2019, FINRA provided guidance on customer communications related to departing registered representatives. The full text of the Regulatory Notice can be found here: FINRA Regulatory Notice. Member firms and registered representatives need to be aware of this development as it will have a significant impact on departures...
Read More In yet another call for non-compete reform, a group of unions, nonprofits and professors have asked the Federal Trade Commission to put an end to non-compete agreements across the United States. The call was led by a group known as the Open Markets Institute. It was joined by the AFL-CIO,...
Read More On Friday, The New York Times ran a very interesting article on the use of noncompetes for doctors. The article is titled "Did Your Doctor Disappear Without a Word? A Noncompete Clause Could Be the Reason." Here is a link to the complete article: https://lnkd.in/emEcJN6
Read More The Georgia Court of Appeals is on a roll with respect to the Restrictive Covenants Act. After nearly eight years of no decisions on the substance of the statute, the Court has issued a third opinion since October regarding the statute. In Blair v. Pantera Enterprises Inc., 2019 WL 033594 (March...
Read More It is a rare occasion when the United States Supreme Court addresses issues relevant to this blog. However, on January 11, 2019, the Supreme Court granted certiorari in the case of Food Marketing Institute v. Argus Leader Media, 889 F.3rd 914 (8th Cir. 2018), cert. granted, 2019 WL 166877 (Jan....
Read More One of the ways in which companies can better protect their confidential information and trade secrets is to assess the level of risk of theft of that information by a departing employee. Here are six factors to consider when assessing this risk: The nature of the information to which the...
Read More While non-compete legislation at the federal level is highly unlikely under the current administration, calls for non-compete reform, especially for lower level employees, have continued to gain steam. Most recently, the editorial board of Bloomberg weighed in on the issue. The board advocates for legislation at the state level narrowing...
Read More Harvard University’s admissions practices are on trial in federal court in Boston. The plaintiffs in the case accuse Harvard of setting a restrictive quota for the number of Asian-Americans students it accepts. The University denies the claim. This case has a little bit of everything from politics to college admissions...
Read More After almost a decade of debate, the Massachusetts legislature has passed non-compete reform. Historically, the law in Massachusetts favored broad enforcement of non-competes against departing employees. Some believed that as a result of liberal enforcement of non-competes, Massachusetts was losing out on tech and other companies to states like California...
Read More While the White House “call to action” for restrictive covenant reform in employment issued under the Obama administration is not likely to be continued by the current administration, it may have sparked a trend at the state level. The “call to action” posits that non-compete clauses in employment agreements should...
Read More Moving from one competitor to another can be fraught with danger for the unwary employee. Doing things the wrong way can lead to time-consuming, stressful and expensive litigation and even loss of the new opportunity. Here are a few key considerations when making a move from one competitor to another:Before...
Read More Benjamin Fink Invited to Attend Prestigious Conference By invitation-only, Ben Fink was among approximately 75 thought leaders in trade secrets law to attend the Inaugural Sedona Conference® on Developing Best Practices for Trade Secret Issues. Ben and the other attendees discussed potential recommended practices for trade secret practitioners and jurists....
Read More Many times, the most qualified and experienced candidates for positions you are seeking to fill in your business are those who are currently working for your competitors. If you are not careful, the hiring of an employee from a competitor can be fraught with peril.While much of the decision as...
Read More We are social creatures. Even the most introverted people typically enjoy a good conversation. We especially enjoy conversations about topics in which we are interested. However, in the cut-throat world of business, not everyone is a friend and some conversations may have an ulterior motive.Imagine you are at a trade...
Read More What types of employees may be subjected to non-competes is one of the murkier issues under Georgia’s “new” non-compete law. While we still do not have any guidance from the Georgia appellate courts, the federal judges in Georgia have been active in addressing various issues under the “new” statute, including...
Read More "Idaho achieved a notable distinction last year: It became one of the hardest places in America for someone to quit a job for a better one," according to the July 14, 2017 New York Times article. Click here to read the complete article. For a Georgia update, I encourage you...
Read More We recently discussed the unsettled area of customer non-solicitation covenants in the age of social media, but what happens when an employer alleges that a former employee used social media specifically to target and recruit ex-colleagues?A unanimous decision from the Illinois First District Appellate Court in Bankers Life and Casualty...
Read More The law governing enforcement of non-competes and other employee restrictive covenants varies from state to state. As a result, the field of non-competes is ever-changing and companies with employees in multiple states need to understand the law in each state in which they have personnel. For employers with a presence...
Read More Most of us are all too familiar with the answer to seemingly every legal question: it depends. Perhaps no field of law embraces this adage quite as much as restrictive covenants, particularly non-compete and customer non-solicitation agreements.Cases involving breach of a restrictive covenant are typically highly fact specific. The same...
Read More On May 4, 2017, The New York TimesTM published an op-ed by Orly Lobel regarding the policy issues surrounding enforcement of non-competes. Ms. Lobel is a Professor of Employment and Labor Law at the University of San Diego School of Law and is the author of “Talent Wants To Be...
Read More This morning, I attended the American Intellectual Property Law Association Trade Secrets Summit. It was held at my alma mater, Emory University School of Law. Below are some interesting highlights from the Summit:Matteo Valles from the FBI talked about internal and external threats to trade secrets. Among other things, he encouraged...
Read More Below are a few (more) interesting highlights from the American Intellectual Property Law Association Trade Secrets Summit:1. The federal Defend Trade Secrets Act (DTSA) is the newest tool in the toolbox for trade secrets litigators.2. The DTSA gives litigators the option of filing suit in federal court when trade secrets have...
Read More In a recent decision, Judge Thomas W. Thrash, Jr. of the United States District Court for the Northern District of Georgia held in a case of first impression that Georgia’s “new” restrictive covenant statute only allows judges to blue-pencil overbroad restrictive covenants, rather than engaging in judicial modification. In LifeBrite Laboratories,...
Read More The Georgia Supreme Court recently held that the Georgia Computer Systems Protection Act (“GCSPA”) does not authorize an award of punitive damages. The GCSPA is a criminal statute that also allows for civil remedies for computer theft, computer trespass and other computer related misconduct.In Lyman v. Cellchem International, Inc., 2017...
Read More I’d like to share a blog post by Kenneth Vanko. In this blog, Kenneth provides some interesting updates on non-compete agreements in Illinois in “Illinois Bans Non-Compete Agreements (Sort of…)."
Read More Most businesses, regardless of size, have valuable information they wish to protect. What is a trade secret? What is confidential information? Learn more in this brief video, including how you can protect your business.
Read More Several federal and state laws are in place to prohibit employees from misappropriating your confidential information and trade secrets, including trade secret statutes and computer systems protections.
Read More The Federal Trade Commission and the Justice Department’s Antitrust Division recently issued guidance for companies with respect to wage fixing and no poaching agreements. According to the federal government, workers are entitled to the benefits of a competitive market for their services. Workers are harmed if companies that would ordinarily...
Read More Companies with employees in California need to beware of a new law affecting employment agreements. Employees who primarily reside and work in California may soon be able to avoid litigating disputes with their employers outside of California. Recently signed by California Governor Jerry Brown, the new legislation seeks to ensure...
Read More Click here to view Ben Fink’s complete presentation at the ICLE Growth Companies seminar on September 9, 2016. As always, let us know if you would like more information on non-compete agreements, trade secrets and other confidential information, restrictive covenants and other labor and employment matters.
Read More On June 28, 2016, The New York Times featured an informative and interesting article on noncompete agreements. Let us know if you would like more information on noncompete agreements.
Read More On Wednesday, April 27, 2016, the House of Representatives voted 410-2 in favor of the Defend Trade Secrets Act of 2016. In light of the Senate’s passage of the same law a couple of weeks ago by a vote of 87-0, the law will now proceed to President Obama for...
Read More Reuters is reporting that a jury in Wisconsin has awarded Epic Systems, a medical software company, $940 million dollars in damages in a trade secret lawsuit against Tata Consultancies, an Indian information technology provider. This verdict may be one of the largest trade-secrets verdicts on record. More information about the...
Read More On Monday, April 4, 2016, the U.S. Senate passed the Defend Trade Secrets Act by a vote of 87-0. The Bill also has strong White House support. Supporters of the Bill are optimistic that the unanimous vote will increase the prospects for the Bill in the House of Representatives. The...
Read More Recent research suggests that nearly 30 million people are covered by non-compete agreements, according to the Office of Economic Policy U.S. Department of the Treasury's March 2016 report, Non-compete Contracts: Economic Effects and Policy Implications. It continues to state "the prevalence of such agreements raises important questions about how they...
Read More From Snell & Wilmer: by Mark O. Morris and Jordan Lee, Snell & Wilmer On March 22, 2016, the Governor of Utah signed into law H.B. 251, the Post-Employment Restrictions Act. This was one of the most controversial bills considered this last session, and it underwent many changes through the...
Read More As previously reported on this blog on March 16th, the Senate sent the Defend Trade Secrets Act to the full Senate for a vote. The DTSA would create a federal civil cause of action for trade secret misappropriation. The full Senate is scheduled to vote on the DTSA on April...
Read More The Defend Trade Secrets Act emerged from the Senate Judiciary Committee this morning after a voice vote in favor of its passage. This is a significant step toward passage of a federal trade secrets statute. It is unclear at this time when it will be presented to the full Senate...
Read More This morning, I spoke and presented at the Institute of Continuing Legal Education's Georgia Non-Compete/Trade Secret Seminar at State Bar of Georgia. Below are my top seven observations of non-compete and trade secrets activity in Georgia: There is still no substantive guidance from the appellate courts in Georgia on the non-compete statute...
Read More Trade secrets are critical to innovation. At the end of last year, I had the privilege to attend and speak at the American Intellectual Property Law Association (AIPLA) Trade Secrets Summit in Boston. Below are some takeaways on this important form of intellectual property protection:The tone for trade secret protection...
Read More In August, the U.S. Patent and Trademark Office invited the public to help brainstorm, design and create symbols for various intellectual property rights. The apparent goal was to come up with symbols that would be as recognized as © and ® for other types of intellectual property. According to Russell...
Read More 1. Patents and trade secrets are not mutually exclusive; they are complementary.2. If you don't have any way to detect infringement of a patent, you should consider keeping your invention secret and not patent it. 3. One way to protect trade secrets is to "split up" the information among employees...
Read More 1. Judges will bend over backward to protect information that is a trade secret, but often will not enjoin people from working for a competitor absent compelling circumstances. 2. Judges really don't like when people steal information from their employers. 3. Judges understand the urgency in non-compete and trade secret...
Read More Below are 10 takeaways from the afternoon session of the American Intellectual Property Law Association (AIPLA) Trade Secret Summit in Boston:1. Public companies need to consider reporting requirements when trade secrets are stolen. 2. Public companies need to consider whether potential theft of trade secrets is a material risk that...
Read More 1. The FBI has significant resources devoted to investigation and prosecution of trade secret theft and they are willing to help companies better protect their trade secrets. 2. Companies need to identify what information is a trade secret and develop a plan to protect it -- this can be a...
Read More Today, I am co-presenting at the American Intellectual Property Law Association (AIPLA) Trade Secret Summit in Boston. Below is an excerpt from a paper that provides an update on state law legislative developments relating to non-competes and trade secrets. In 2015, several states have recently introduced or passed legislation dealing with the law...
Read More We have previously discussed whether sending an announcement constitutes violation of a non-solicitation covenant and whether Facebook and LinkedIn posts can constitute a breach of restrictive covenant.[1] This issue was addressed by a Federal District Court in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, 924 F. Supp. 2d 1281...
Read More Yesterday, several Senators and Representatives introduced a bipartisan, bicameral Bill in Congress to protect trade secrets. The Defend Trade Secrets Act would create a federal private right of action for trade secret theft. As regular readers of this blog know, various versions of this Bill have been introduced in prior...
Read More During this past year, there has been some negative publicity regarding non-competes that are imposed on low wage workers by large employers. See, e.g., previous blog entry on this subject. Perhaps because of that publicity and other incidents involving overuse of non-competes, several Senators have introduced the “Mobility and Opportunity...
Read More The United States Security Exchange Commission (SEC) recently brought an enforcement action against a company for attempting to chill the whistle-blowing process through overly restrictive language in confidentiality agreements. A technology and engineering firm in Houston, KBR, Inc., agreed to pay $130,000 to resolve charges by the SEC that some...
Read More As published in the Atlanta Bar Association Labor & Employment Law Section Newsletter (Spring 2015 Edition): In Georgia, whether an employee owes his employer a fiduciary duty or duty of loyalty turns on whether he is an agent for the employer.3 Moreover, under Georgia law, an employee may owe a fiduciary...
Read More Looking back on my three days in Amsterdam with lawyers from all over the world, the one thing that strikes me the most is how similar we all are. We may speak different languages. We may live on different continents and in different countries. We may each have our own...
Read More Trade secrets continue to be a hot topic in legislative circles in Western countries. While the U.S. Congress is considering the creation of a federal trade secrets statute, the European Commission and Counsel has been considering a directive on trade secrets to member countries. The European Public Health Alliance (EPHA),...
Read More Want to learn more about Georgia’s non-compete laws? Benjamin Fink provides several non-compete updates at the 44th Annual Labor and Employment Law Institute (December 2014). Additional highlights include: Case Law Update Choice of Law and Venue Blue-Penciling & Judicial Modification Who can be Covered by a Non-Compete? Gaps in the...
Read More A recent article in the Huffington Post ridiculed the use of non-competes by Jimmy John’s for its employees and those of its franchisees, including low-wage sandwich makers and delivery drivers. See “Jimmy John’s Makes Low-Wage Workers Sign ‘Oppressive’ Non-Compete Agreements” (Huff Post Business, October 13, 2014; http://www.huffingtonpost.com/2014/10/13/jimmy-johns-non-compete_n_5978180.html).In the article, Huffington...
Read More On Wednesday September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved the Defend Trade Secrets Act. The act would create a federal private right of action for trade secret theft.An amendment introduced by some Democrats sought to strike the ex parte seizure provisions that critics feel...
Read More This week, a bi-partisan bill was introduced in the House of Representatives that would create a private right of action for trade secret theft under federal law. The Trade Secrets Protection Act of 2014 (the “TSPA”) was introduced by representatives on the house judiciary committee and would create a federal...
Read More Senator Jeff Flake (R-AZ) has introduced a bill in Congress to provide for federal civil liability for trade secret misappropriation by foreign actors in certain circumstances. The Act would be called the “Future of American Innovation and Research Act of 2013” or the “Fair Act.” The Act is focused on...
Read More As regular readers of this blog may recall, we have previously questioned whether greater enforcement of non-competes is good policy and good for economic development. In 2009 when the Georgia General Assembly was considering legislation to make non-competes significantly easier for employers to enforce against former employees, we questioned whether...
Read More U.S. Senators Chris Coons (D-Del.) and Orrin Hatch (R-Utah) have introduced the Bipartisan Defend Trade Secrets Act in Congress. The Act would create the first federal private right of action for the theft of trade secrets. Although the Economic Espionage Act of 1996 made trade secret theft a crime, it...
Read More Senator Jeff Flake (R-AZ) has introduced a bill in Congress to provide for federal civil liability for trade secret misappropriation by foreign actors in certain circumstances. The Act would be called the “Future of American Innovation and Research Act of 2013” or the “Fair Act.” The Act is focused on...
Read More In addition to keeping our readers up to date on recent case law and legislative developments in Georgia and elsewhere with respect to non-compete and trade secret issues, we also try to occasionally address the business and policy implications of non-competes in this blog. To that end, a recent article...
Read More These days, I spend a growing amount of time advising companies on various issues associated with personal technology devices in the workplace. Regardless of the size of the company, employers must be proactive in addressing issues that arise from personal technology devices in the workplace and develop policies that will...
Read More I recently had the opportunity to speak at a trade secret symposium in Chicago hosted by Ocean Tomo. At the symposium, I met Elizabeth Rowe who is an Associate Professor of Law at the University of Florida, Levin College of Law. Ms. Rowe gave the keynote address at the symposium....
Read More As employers, we often find that hiring employees who are familiar with our products or services and the market in which we sell them provides advantages over hiring employees who have never worked in our industry. Yet, hiring an employee from a competitors has its risks. Very often, the competitor...
Read More The inevitable disclosure doctrine has been applied in some jurisdictions to enjoin a former employee from working for a competitor where a court finds that the employee will inevitably disclose or use his former employer’s trade secrets in a new position with a competitor. There has been considerable disagreement among...
Read More A bill introduced in the New Jersey legislature would invalidate non-competes and other post-employment restrictive covenants for employees who are voluntarily terminated from their employment. Assembly Bill No. 3970, introduced in the New Jersey General Assembly, would invalidate any non-compete or similar restrictive covenant for an individual who has been...
Read More When an employee leaves to join or form a competitor, there are many prudent things that an employer can and should do to secure confidential information and trade secrets and otherwise protect the competitive edge of the company. Like in most situations, though, there are times when an employer can...
Read More In today’s world, there are a myriad of personal electronic devices we have to choose from for our calls, emails, texts and other forms of communication. As individuals, we all have personal preferences and want the widest possible selection when deciding which device to use; however, as employers, we need...
Read More This brief video for Georgia employers puts the spotlight on enforcing non-competes and other restrictive covenants against former employees in Georgia. (2012)
Read More The following article was featured in the Summer 2012 Edition of The Atlanta Bar Association’s Labor & Employment Law Section Newsletter.Eleventh Circuit Issues Key Ruling on Georgia’s New Restrictive Covenants LawBy Benjamin I. Fink and Neal F. WeinrichMuch has been written about how Georgia’s new restrictive covenants law significantly changed...
Read More The following article was featured in the Winter 2011-2012 Special Edition of The Atlanta Bar Association’s Labor & Employment Law Section Newsletter.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?IntroductionIt has been a...
Read More One question which often arises in the restrictive covenant context is whether an announcement that someone has joined a company or started his or her own business constitutes solicitation in violation of a non-solicitation covenant. While there is only a little guidance on this issue in Georgia, there are cases...
Read More A soon-to-be-released study by three highly regarded business-school professors investigates whether talented, high-tech employees and inventors are leaving states that have employer-friendly, non-competition laws and move to states that have more relaxed, employee-friendly non-competition laws. According to one advance, the research shows that inventors are more likely to leave states...
Read More A New Jersey appellate court recently held that an attorney could not maintain a claim of tortious interference with contractual relations against another law firm after his client discharged him and entered into a contingent fee agreement with a new law firm. Nostrame v. Santiago, 2011 WL 2297726 (N.J. Super....
Read More On May 11, 2011, Georgia’s Governor, Nathan Deal, signed House Bill 30. House Bill 30 reenacts House Bill 173 with some minor modifications. With Governor Deal having signed the legislation, House Bill 30 is now in effect.As discussed in prior blog entries, House Bill 173 was passed by the Georgia...
Read More As we have reported in prior issues of this newsletter, Georgia's non-compete law has recently undergone significant changes. The new Restrictive Covenants Act, O.C.G.A. § 13-8-50 et seq. (the "Act") was supposed to take effect last November following the approval of a ballot referendum which amended Georgia's Constitution to allow...
Read More Ben Fink was recently quoted in an article which appeared in Law 360, a newswire for business lawyers, entitled Ga. Noncompete Law To Spur Drawn-Out Battles. Follow link to preview article: www.law360.com/contract/articles/229236 (subscription required).
Read More The following article was featured in the Spring 2011 edition of the newsletter for the Atlanta Bar Association's Labor and Employment Law Section.By now, almost everyone is aware of Georgia’s new Restrictive Covenant Act, O.C.G.A. § 13-8-50 et seq. (the “Act”). Most people also know the Act overturns more than...
Read More Given that legislation has been introduced in the Georgia General Assembly to correct a potential problem with the effective date of the new Restrictive Covenant Act, we are counseling clients to wait to see what happens with the pending bill before implementing new restrictive covenant agreements. However, some clients have...
Read More In 2004, Citigroup, Merrill Lynch and USB developed the Protocol for Broker Recruiting (the “Protocol”) to protect client information while giving clients an opportunity to more easily transition their accounts from one brokerage company to another when their financial advisors left one brokerage house for another. If a financial advisor...
Read More Q. What is the buzz surrounding the new non-compete law in Georgia about? A. On November 2, 2010, a majority of Georgia voters voted in favor of Amendment One. The passage of this referendum means that legislation changing Georgia’s law on restrictive covenants, which was previously passed by the Georgia legislature, will go...
Read More We developed this blog to provide timely and important legal updates and helpful insights for employers, employees and attorneys. Be sure to check this blog regularly as a valuable resource to keep you abreast of non-compete, trade secret and other competition-related legal issues in Georgia as well as other significant...
Read More Much has been written about the Restrictive Covenants Act (the “Act”) passed by the Georgia General Assembly during the 2009 legislative session.[4] However, before the new legislation becomes effective, an amendment to the Georgia Constitution must be approved in a statewide referendum in the upcoming general election.[5] While most commentators...
Read More In a recent decision, the Georgia Court of Appeals affirmed a trial court’s decision finding a non-solicitation of customers covenant unenforceable. Fine v. Communications Trends, Inc., 10 FCDR 2597 (August 6, 2010). In the case, the Court of Appeals also upheld the trial court’s dismissal of a claim for libel...
Read More In a recent decision, the Georgia Court of Appeals held that an employer cannot try to protect referral sources by prohibiting a former employee from working in an area where those sources are located, if the employee never worked in that area and the employee was not shown to have...
Read More As we reported in our Fall 2009 edition of this newsletter, significant changes may be coming to the law concerning non-competes and other restrictive covenants in the employment context in Georgia. The Restrictive Covenants Act (the "Act") was passed by the Georgia General Assembly during the 2009 legislative session. However,...
Read More In Mohr v. Bank of New York Mellon Corporation, No. 09-15813, 2010 WL 1063856 (11th Cir. March 24, 2010), the United States Court of Appeals for the Eleventh Circuit reversed a preliminary injunction entered by the District Court which enjoined enforcement of the restrictive covenants in the individuals’ employment agreements. ...
Read More Woo v. Nike, Inc., Civil Action No. 1:10-CV-1018-RWS, 2010 WL 1565526 (N.D. Ga. April 19, 2010), demonstrates the application of the first-filed rule. This doctrine frequently arises in federal court when an employer and a former employee each file separate lawsuits in different jurisdictions concerning the former employee’s restrictive covenants. ...
Read More American Control Systems, Inc. v. Boyce, — S.E.2d –, 2010 WL 1172996 (Ga. App. March 29, 2010), is an important case to consider when determining what level of scrutiny will govern the enforceability of restrictive covenants in an employment agreement entered into ancillary to the sale of a business. In...
Read More In the age of electronic information, there are two truths for owners of all-sized businesses: 1) even the best managed companies will find themselves in a business dispute from time to time; and 2) when such disputes occur and cannot be resolved without litigation, evidence which is relevant and discoverable...
Read More It is not an unlikely scenario: your top salesperson leaves your company to work for a competitor, taking your customers’ names and contact information with her on her personal BlackBerry. What legal rights do you have to keep your ex-employee from using the customer information she obtained while working for...
Read More As many employers know, Georgia is one of the more difficult states in which to enforce non-compete provisions in employment agreements. Georgia courts have historically been extremely hostile to non-competes in the employment context. However, legislation passed in April by the Georgia legislature and signed by Governor Perdue may significantly...
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Benjamin's Videos
During this one hour webinar, BFV attorneys used the art of storytelling and conversation to share important lessons and address practical questions from employment, real estate, noncompete/unfair competition and mergers and acquisitions topics, including: What do I do when an employee is afraid to return to work due to COVID-19? (ADA/FMLA and other...
Read More This webinar focuses on measures you can take to protect your employees and business now and in the future, including trade secret protection, employment agreements, contracts and more. This presentation is part of BFV’s “Office Hours,” a series of webinars to address multiple aspects of re-opening your business in today’s...
Read More 1.16.20: The blog below has been updated from its previous post on 8.28.19 Between the now-infamous Jimmy John’s debacle and the Obama administration’s call to reduce use of non-compete agreements, it’s fair to say that 2016 was a tough year for employers who rely heavily on non-competes. Though 2016 is now long behind us, the...
Read More Between the now-infamous Jimmy John’s debacle and the Obama administration’s call to reduce use of non-compete agreements, it’s fair to say that 2016 was a tough year for employers who rely heavily on non-competes. Though 2016 is now long behind us, the year’s major events were the beginning of a...
Read More Coworking space, like those operated by WeWork, Roam and Industrious, have enjoyed explosive growth over the past decade. Start-ups, freelancers and established companies alike are drawn to these spaces because of their innovative office designs and collaborative environments. The success of coworking space is a testament to the numerous advantages...
Read More On April 26th, we celebrate World Intellectual Property Day. Why would Berman Fink Van Horn, a business law firm, celebrate this day? The answer is trade secrets. While there are many types of intellectual property, our firm spends a lot of time advising clients about and litigating disputes involving one...
Read More On April 5, 2019, FINRA provided guidance on customer communications related to departing registered representatives. The full text of the Regulatory Notice can be found here: FINRA Regulatory Notice. Member firms and registered representatives need to be aware of this development as it will have a significant impact on departures...
Read More In yet another call for non-compete reform, a group of unions, nonprofits and professors have asked the Federal Trade Commission to put an end to non-compete agreements across the United States. The call was led by a group known as the Open Markets Institute. It was joined by the AFL-CIO,...
Read More By Malone Allen and Benjamin FinkA recent action by the Federal Reserve Board of Governors demonstrates the increased risk that banking officials face in trade secret misappropriation cases. In an administrative action against two former community bank officers, the Board is seeking a permanent injunction barring the officers from participating...
Read More It is a rare occasion when the United States Supreme Court addresses issues relevant to this blog. However, on January 11, 2019, the Supreme Court granted certiorari in the case of Food Marketing Institute v. Argus Leader Media, 889 F.3rd 914 (8th Cir. 2018), cert. granted, 2019 WL 166877 (Jan....
Read More One of the ways in which companies can better protect their confidential information and trade secrets is to assess the level of risk of theft of that information by a departing employee. Here are six factors to consider when assessing this risk: The nature of the information to which the...
Read More Moving from one competitor to another can be fraught with danger for the unwary employee. Doing things the wrong way can lead to time-consuming, stressful and expensive litigation and even loss of the new opportunity. Here are a few key considerations when making a move from one competitor to another:Before...
Read More Benjamin Fink Invited to Attend Prestigious Conference By invitation-only, Ben Fink was among approximately 75 thought leaders in trade secrets law to attend the Inaugural Sedona Conference® on Developing Best Practices for Trade Secret Issues. Ben and the other attendees discussed potential recommended practices for trade secret practitioners and jurists....
Read More Most businesses, regardless of size, have valuable information they wish to protect. What is a trade secret? What is confidential information? Learn more in this brief video, including how you can protect your business.
Read More Several federal and state laws are in place to prohibit employees from misappropriating your confidential information and trade secrets, including trade secret statutes and computer systems protections.
Read More Want to learn more about Georgia’s non-compete laws? Benjamin Fink provides several non-compete updates at the 44th Annual Labor and Employment Law Institute (December 2014). Additional highlights include: Case Law Update Choice of Law and Venue Blue-Penciling & Judicial Modification Who can be Covered by a Non-Compete? Gaps in the...
Read More This brief video for Georgia employers puts the spotlight on enforcing non-competes and other restrictive covenants against former employees in Georgia. (2012)
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Benjamin's Honors & Awards
In December 2017, 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. Every year, Ben has continued to attend the invitation-only meeting of the Sedona Conference Working Group 12 on Trade Secret Issues. He is currently serving on the drafting team for “Protecting Trade Secrets in Litigation About Them.”
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 and execute an anniversary event to celebrate the 50th anniversary of the landmark 1964 Civil Rights bill (May 2015)
Ben has been named a Top 100 Georgia Super Lawyer (2013-present).
Ben has been selected by his peers for inclusion in The Best Lawyers in America (2015 – present).
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 – present).
Based upon peer recommendations, Ben has been selected as one of Georgia Trends’s Legal Elite, Georgia Trend Magazine (2011-present).
Ben has been selected for the Super Lawyers Business Edition for his work in Employment & Labor (2012-present).
Ben has been awarded an AV Preeminent rating by Martindale-Hubbell in the areas of ethical standards and legal ability.
Ben is a fellow of the invitation-only trial lawyer honorary society, Litigation Counsel of America
– Fellow, Diversity Law Institute
– Fellow, Trial Law Institute
Benjamin's Success Stories
Berman Fink Van Horn attorneys obtained dismissal of a lawsuit against a large, national staffing company brought by the former employer of several employees hired by the staffing firm. The claims included tortious interference with the employees’ agreements with their former employer.
Read More Client Testimonial:Ben,Hopefully we will cross paths ... but until then I wanted to send this note....I wish every interaction with an outside partner was as great as the one we had with you and your team. I will forever be thankful of your wise counsel and how thoughtful of our...
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Benjamin's Presentations
On November 20, 2020, Ben presented during an Atlanta Bar Association Zoom event,”Trade Secret Protection with Employees Working Remotely: What You Need to Know.” This was a joint event with the Labor & Employment Law Section and the Intellectual Property section.
On November 10, 2020, Ben participated on a panel, “Inevitable Tension: Reconciling Public Court Access with Protecting Trade Secrets in Litigation,” at The Sedona Conference Working Group 12 2020 Annual Meeting.
On August 12, 2020, Ben moderated a panel, “All You Need to Know About Ex Parte Seizures under the DTSA” at the AIPLA Trade Secret Law Summit.
On July 28, 2020, Ben presented at the American Intellectual Property Law Association (AIPLA) webinar, “What you Need to Know About Trade Secret Protection.”
On July 10, 2020, Ben co-presented during a BFV “Office Hours” webinar, “COVID-19/Protecting your Business Now & in the Future.”
On May 13, 2020, Ben presented “Trade Secrets Practices: What You and Your Employees Need to Know” during an American Intellectual Property Law Association (AIPLA) webinar.
On March 18, 2020, Ben was invited to help teach a trade secrets class via Zoom for University of Pennsylvania Law School students.
On February 24, 2020, Ben was a featured speaker on a State Bar of Georgia panel, “Trade Secrets Audits and Asset Management.”
On January 31, 2020, Ben was a featured speaker at the Practising Law Institute’s program, “Noncompetes and Restrictive Covenants 2020: What Every Lawyer, Human Resources Professional and Key Strategic Decision Maker Should Know” in San Francisco, Calif.
On January 10, 2020, Ben served as Program Chair and hosted the ICLE: State Bar of Georgia Series seminar “Restrictive Covenants and Trade Secrets in Georgia.” He also presented “Restrictive Covenants in Employment and other Agreements.”
On November 4-5, 2019, Ben attended the invitation-only annual meeting of the Sedona Conference Working Group 12 on Trade Secret Issues. At the meeting, Ben participated on a November 5th panel, “Protecting Trade Secrets in Litigation About Them.”
On September 11, 2019, Ben presented to Fulton Superior Court Judges and Staff attorneys, “Georgia Trade Secret Law: Everything You Need to Know About Trade Secrets in 60 Minutes.”
Ben was scheduled to present “Trade Secret Audits and Asset Management” at the Georgia Bar IP Section 2019 IP Institute in Amelia Island, Florida. (September 6, 2019)
On March 22, 2019, Ben participated on a panel, “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 March 21, 2019, Ben moderated “Implementation of a Trade Secret Protection Policy & Process” at the AIPLA 2019 Trade Secret Law Summit in New York.
On March 14, 2019, Ben presented “Finally! Guidance from the Georgia Court of Appeals on the “New” Restrictive Covenants Act” at the Atlanta Bar Association’s Advanced Employment Law CLE Program.
On January 10, 2019, Ben moderated the State Bar of Georgia’s ICLE seminar, “Restrictive Covenants and Trade Secrets in Georgia.” During the seminar, Ben also presented “Restrictive Covenants in Employment and other Agreements.”
On November 5-6, 2018, Ben attended the Sedona Conference Working Group 12 on Trade Secrets in Hollywood, Calif. Attendance is by invitation-only for a select group of thought leaders in trade secrets law. Ben was also invited to serve on a consensus, non-partisan team to draft Principles/Best Practices Commentary on Protecting Trade Secrets in Litigation for the Sedona Conference.
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.
On October 3, 2018, Ben co-presented to Fulton County Superior Court judges & staff attorneys, “Georgia’s Restrictive Covenant Act: Where Does Georgia Noncompete Law Stand Now?”
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.”
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.
On March 2, 2017, Ben moderated a panel, “Non-Compete Developments” at the American Intellectual Property Law Association (AIPLA) Trade Secret Law Summit.
On February 3, 2017 Ben moderated a Trade Secrets session at the American Intellectual Property 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!”
On January 25, 2017, Ben presided over the Restrictive Covenants seminar at the State Bar of Georgia and presented “Restrictive Covenants in Employment and Other Agreements.“
On September 9, 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.”
On June 23, 2016, Ben presented “Protecting your Business from Trade Secret Theft” to members of the Emory University Entrepreneur Network.
On June 21, 2016, Ben co-presented “The Defend Trade Secrets Act: Trade Secret Protection goes Federal” to webinar participants of the Institute of Continuing Legal Education in Georgia.
On March 18, 2016, Ben was a featured speaker at the Atlanta Bar Labor & Employment Law Section Annual Seminar. He spoke on Restrictive Covenants Matters.
On January 14, 2016, 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.
On December 4, 2015, Ben participated on a Georgia State Bar panel, “Restrictive Covenants: Trends in Georgia and Beyond” at the 45th Annual Labor and Employment Law Institute.
On November 12, 2015, Ben participated on a 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.
On December 5, 2014, Ben presented a “Non-Compete Update” at the Annual Seminar: State Bar of Georgia, Labor & Employment Law Section.
On December 3, 2014, Ben presented “Law of Restrictive Covenants in Employment and Sale of Business Agreements” at the Lorman Seminar on “Covenants Not to Compete in Georgia.
On November 7, 2014, Ben presented “Protecting your Business from Trade Secret Theft” to members of the Buckhead Club.
On May 16, 2014, Ben 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.
On February 26, 2014, Ben was an invited to present at an American Intellectual Property Law Association webinar on personal electronic devices and the protection of trade secrets.
On December 3, 2013, Ben spoke at “Covenants Not to Compete,” a Lorman Educational Seminar in Atlanta.
On September 10, 2013, Ben spoke at the Ocean Tomo Trade Secret Management & Monetization Symposium in Chicago.
In March 2013, Ben spoke 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.
On December 5, 2012, Ben spoke 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.
On December 9, 2011, Ben spoke 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.
On April 14, 2011, Ben spoke about the new Restrictive Covenant Act in Georgia at a meeting of the Georgia affiliate of the National Employment Lawyers Association (NELA).
On April 12, 2011 – Ben spoke on “How Does The New Georgia Non-Compete Law Affect My Business?” at the Buckhead Club Breakfast Program.
On March 17, 2011, Ben spoke about the new Restrictive Covenant Act in Georgia at the Atlanta Bar Association Labor & Employment Law Section at The W Midtown Atlanta Hotel.
On March 17, 2011, Ben spoke about the new Restrictive Covenant Act in Georgia at the UHY Advisors Financial Leaders Seminar at the world headquarters of The Home Depot.
On February 4, 2011, Ben spoke about Non-Compete and Other Restrictive Covenants at the Cobb County Bar Association Business Law Section seminar at the Cobb Galleria Centre.
On October 28, 2010, Ben spoke 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 22-23, 2010, Ben spoke 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.
On October 7, 2010, Ben spoke on The Legal and Ethical Pitfalls of Changing Law Firms at the Atlanta Bar Association Real Estate Section breakfast at the Buckhead Club.
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.
Benjamin's Representative Matters
Non-Compete, Trade Secret and Competition-Related Disputes
Obtained consent injunction against former R&D scientist of biotech company who was subject to a non-compete and joined a competitor in a similar role.
Won summary judgment for large, national insurance broker and group of sales executives who transitioned to broker from a competitor in case involving claims of breach of non-compete and customer non-solicitation covenants, breach of fiduciary duty, trade secret misappropriation and computer fraud.
Successfully defended and resolved claim in Delaware Chancery Court of breach of a non-recruitment covenant against a large, national insurance broker arising from potential acquisition of a competing broker.
Successfully prosecuted and resolved claim for breach of no-hire covenant against competitor/buyer of apartment complex.
Successfully defended large, national staffing firm and sales executives who transitioned to firm from a competitor in case involving claims of breach of non-compete and trade secret theft.
Selected to serve as a neutral to evaluate potential violation of non-compete by executive who transitioned from one global risk management company to another.
Served as mediator in non-compete/trade secrets dispute in case pending in federal court in New York between parties from California and New York.
Obtained favorable settlement for legal staffing firm against sales executive who departed to join competing firm and took significant confidential information and trade secrets.
Obtained favorable settlement for financial advisor and his new firm in FINRA arbitration where former firm had asserted claims for breach of a non-solicitation agreement, breach of fiduciary duty and other related claims.
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 favorable settlement for five independent investment advisors who left one financial service firm for another and against whom claims for breach of a non-recruitment covenant, trade secrets violations, violations of the Georgia Computer Systems Protections Act and other related claims were asserted in both federal court and arbitration.
Successfully defended medical device distributor and its employees from claims of unfair competition and breach of non-compete agreements brought by former distributor.
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 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 consent injunction for leading seller of audio and video mounting solutions against former employee prohibiting solicitation of customers.
Obtained consent injunction for leading online social network for Hispanic health in the United States against former employee, prohibiting use of confidential information and trade secrets and solicitation of customers and prospective customers.
Obtained favorable settlement for cardiologist left with Hobson’s choice of remaining a partner in his medical practice and participating in tax fraud being committed by his partners or leaving and violating his non-compete agreement.
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 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.
Successfully defended founders of software and source code escrow company from attempt by former employer to enforce over broad restrictive covenants.
Successfully challenged over broad restrictive covenants of former employer on behalf of founders of direct mail marketing company.
Successfully challenged over broad restrictive covenants of former employer on behalf of founder of distributor of critical power solutions such as uninterruptible power, battery back-up power solutions and data center power.
Successfully enforced restrictive covenants in purchase and sale agreement for purchaser of blind and drapery business.
Successfully challenged over broad restrictive covenants of former employer on behalf of management executives who joined competing company in the logistics industry.
Obtained favorable settlement for company providing branch technology and software solutions for financial institutions against former employee who breached restrictive covenants and misappropriated trade secrets.
Business Disputes
Obtained favorable settlement for former shareholders of company in claim brought by former executive asserting ownership in stock options worth more than $1 million.
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.
Obtained favorable settlement for large, publicly-traded financial institution in federal court case brought by lessor of equipment alleging conversion and unjust enrichment based on funds paid to that institution by a buyer of leased equipment from an insolvent company.
Obtained summary judgment for attorney/real estate investor against legal malpractice, fiduciary duty and partnership claims asserted by real estate agent/contractor/property manager relating to 50 properties acquired by the investor through various entities.
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.
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 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.
Successfully defended seller of for-profit trade school in federal court in Dallas, Texas from claims of buyer for fraud and breach of contract.
Trademark/Copyright and other Intellectual Property matters
Obtained favorable settlement for a direct-mail marketing firm in relation to claims of copyright infringement by a competitor.
Obtained favorable settlement for a software and transaction processing company in relation to claims for copyright infringement brought by the Business Software Alliance.
Obtained favorable settlement for podiatrist in relation to claim of trademark infringement asserted by a manufacturer of ankle braces and related products.
Obtained favorable settlement for operator of chain of retail gold-buying businesses in relation to claims of trademark infringement brought by a competitor.
Employment Matters
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.
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.
Represented joint venture of three large, publicly traded competitors in drafting and negotiating employment agreement for chief executive officer of joint venture.
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.
Representation of Lawyers and Law Firms
Represented large, regional law firm in defense of attempt to disqualify the firm from a large litigation matter based on a purported prior representation of one of the adverse parties.
Served as expert witness in defense of attorneys’ fees motion against company and its counsel arising from their pursuit of a lawsuit against former employees and their new employer for violation of non-compete agreements, tortious interference with business, contractual and employment relations and breach of fiduciary duty.
Served as expert witness in defense of legal malpractice claim against attorneys who represented homeowner in dispute with contractor over home repairs and renovations.
Represented real estate law firm with respect to theft of documents and information by departing partner.
Represented real estate attorney in facilitating settlement between insurer and plaintiff in malpractice case against the attorney.
Advised group of 5 partners who left 45-attorney law firm to form their own firm on ethical and legal issues relating to the transition.
Represented DUI law firm with respect to theft of documents and information by departing associate.