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Benjamin Fink is known for his work in noncompete, trade secret and competition-related disputes. A shareholder at Berman Fink Van Horn, Ben concentrates his practice in business and employment litigation.

Ben has been representing plaintiffs and defendants in disputes involving noncompete, non-solicitation of customers, non-recruitment of employees and non-disclosure/confidential information agreements for more than 25 years. He also has deep experience representing 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. In this practice, he has successfully handled countless Temporary Restraining Order and Preliminary Injunction hearings.

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

With more than 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 states. He has handled disputes in arbitration before the American Arbitration Association (AAA) and Financial Industry Regulatory Authority and is an AAA panelist. During this time, he has testified before a joint committee of the Georgia House and Senate tasked with studying proposed legislation on restrictive covenant agreements; 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; and attended 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.

President of the Alumni Board of Emory Law School, Ben is a graduate of the Emory University School of Law. He received his Bachelor of Arts from Duke University.

In his spare time, Ben enjoys spending time with his family, bicycling, kayaking, hiking and engaging in other outdoor adventures.

Practice Areas
Business litigation, Noncompete/Trade Secrets, Labor & Employment.

Presentations

  • On September 28, 2023, Ben was a guest speaker for the Practising Law Institute program, “Noncompetes and Restrictive Covenants 2023: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know.”
  • On September 5, 2023, Ben discussed “Independent Economic Value” as a guest lecturer for an Emory University School of Law Trade Secrets Class.
  • On May 2, 2023, Ben co-presented “Trade Secrets and the Banning of Noncompetes: What You Need to Know” at RIMS Atlanta 2023 RiskWorld (risk management society).
  • On April 20, 2023, Ben presented, “The FTC’s Proposed Ban on Noncompetes: Everything You Need to Know” to business clients of an Atlanta wealth management firm.
  • On March 31, 2023, Ben was a featured panelist on the trade secret panel, “How the New FTC Rule on Non-Competes Affects the Law of Trade Secrets” at the 13th Annual Intellectual Property Symposium of the Business Law Section of the Florida Bar in Tampa, Florida.
  • On March 23, 2023, Ben was a featured panelist at the Atlanta Bar Association’s Advanced Employment Law CLE session, “Everything You Need to Know About The Federal Trade Commission’s Proposed Noncompete Ban.”
  • In February 2023, Ben co-presented “The FTC Proposed Ban on Noncompetes: What You Need to do Now” to the Association of Corporate Counsel Georgia Chapter. He also presented this topic during a BFV Lunch & Learn to clients and other legal and business professionals.
  • On January 4, 2023, Ben discussed trade secret developments on a panel, “Basic IP Principles and Recent Developments” at the Practicing Law Institute program, “IP Issues in Business On Transactions 2023” in New York.
  • On December 13, 2022, Ben participated on a panel, “What happens if the Federal Government Restricts Restrictive Covenants?” at the New York City Bar’s Committee on Trade Secrets live webcast, “Navigating the Law of Trade Secrets and Restrictive Covenants.”
  • On December 8, 2022, Ben co-presented a “Legislative Update,” including participating on a panel discussion, at the 2022 AIPLA Trade Secret Summit in Miami.
  • On October 14, 2022, Ben was a featured panelist at the Atlanta Bar Association meeting (Litigation and Labor & Employment Law sections), “Advancing the Law | Noncompetes & Other Restrictive Covenants – Changing Tides.”
  • On September 29, 2022, Ben co-presented “Managing Liftouts: Legitimate Business Strategy or Unlawful Competition?” at a PLI seminar, “Noncompetes and Restrictive Covenants 2022: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know.”
  • On September 7, 2022, Ben led a discussion on “Draft Commentary Review: Ethics Issues in Trade Secrets Disputes” at the Sedona Conference WG12 (Trade Secrets) 2022 Annual Meeting in Reston, Va.
  • On August 31, 2022, Ben served as co-chair for the State Bar of Georgia/Institute of Continuing Legal Education program, “Restrictive Covenants and Trade Secrets.” He also presented “Restrictive Covenants in Employment in Other Agreements” and moderated a panel, “Recent Legislative Updates: Are Noncompetes Going to be Banned?”
  • On May 18, 2022, Ben presented “Irreparable Harm (Presumed or Not) in Federal Trade Secret Cases” at the AIPLA Spring Meeting in New Orleans.

Community

  • Alumni Board of Emory Law School (2015 – present)
    • Immediate Past President (2023 – 2024)
    • President (2021 – 2023)
    • President-Elect (2019 – 2020)
  • Dean of Emory Law School Search Advisory Committee (2023)

Location
  • 3475 Piedmont Road NE, Suite 1640
    Atlanta, GA 30305
Education
  • Emory University, J.D., graduated 1992
  • Duke University, B.A., graduated 1989
Bar Admissions
  • Georgia, Supreme Court of Georgia
  • Georgia, Court of Appeals of Georgia
  • United States, Supreme Court of the United States
  • United States, Eleventh Circuit Court of Appeals
  • United States, Fourth Circuit Court of Appeals
  • United States, United States District Court, Northern District of Georgia
  • United States, United States District Court, Middle District of Georgia

Berman Fink Van Horn P.C.
Headquarters: Atlanta, Georgia

5 The Best Lawyers in America® awards

1 Best Lawyers: Ones to Watch® in America award

Best Law Firms Badge Visit Website View Firm Profile

Lawyer of the Year Badge - 2024 - Employment Law - Management Lawyer of the Year Badge - 2021 - Litigation - Labor and Employment
Named "Lawyer of the Year" by Best Lawyers® for:
  • Employment Law - Management, Atlanta (2024)
  • Litigation - Labor and Employment, Atlanta (2021)
Recognized in The Best Lawyers in America® 2024 for work in:
  • Arbitration
  • Commercial Litigation
  • Employment Law - Management
  • Litigation - Labor and Employment
Special Focus:
  • Trade Secret Litigation
  • Unfair Competition
Awards:
  • 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 awarded an AV Preeminent rating by Martindale-Hubbell in the areas of ethical standards and legal ability.
  • 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 for the Super Lawyers Business Edition for his work in Employment & Labor (2012-present).
  • 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). 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 was named 2021 “Lawyer of the Year” for Litigation – Labor and Employment in The Best Lawyers in America© 2021.
  • 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).
Additional Areas of Practice:
  • Employment Law - Individuals
  • Mediation
  • Trade Secrets Law

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Publications

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