Benjamin I Fink

Practice Areas

Business Litigation

Noncompete/Trade Secrets

Labor & Employment

Career

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.

Professional Memberships

Alumni Board of Emory Law School

Expert in these Jurisdictions

Georgia

Supreme Court of Georgia

Court of Appeals of Georgia

New Jersey

Supreme Court of the United States

Fourth Circuit Court of Appeals

Fifth Circuit Court of Appeals

Ninth Circuit Court of Appeals

Eleventh Circuit Court of Appeals

United States District Court, Northern District of Georgia

United States District Court, Middle District of Georgia

Education