Benjamin's Biography

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

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

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

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

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

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

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

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

A member of the Labor and Employment Section Board of Directors of the Atlanta Bar Association since 2011, Ben served as its Chair from 2014-2015. He has been named a Super Lawyer in Atlanta Magazine annually since 2005 for his work in Employment Law and selected by Georgia 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).

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

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

Benjamin's Posts

Benjamin's Honors & Awards

Ben was invited to attend the Inaugural Sedona Conference on Developing Best Practices for Trade Secret Issues. Attendance is by invitation only for approximately 75 thought leaders in trade secrets law. (December 2017)

Ben received the Atlanta Bar Association’s Distinguished Service Award for demonstrating outstanding service as chair of the labor and employment law section. Ben helped conceive an anniversary event to celebrate the 50th anniversary of the landmark 1964 Civil Rights bill (May 2015)

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.

Benjamin's Success Stories

Benjamin's Community Involvement

Conexx: America Israel Business Connector 
– Chair (2015 – 2017)
– Chair Elect (2013 – 2015)
– Vice Chairman (2009 – 2013)
– Executive Committee (2003 – present)
– Board of Directors (1999 – present)
– Chairman, Professional Committee (2003 – 2012)

Duke University Alumni Admissions Advisory Committee (2000 – present)

Emory Law Alumni Board, Member (2015 – present)

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

The Paideia School Annual Fund Volunteer (2009 – 2016)

Benjamin's Presentations

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.