Benjamin I Fink

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

With nearly 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 as well as 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 also represents both 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. Ben also served as a member of the State Bar of Georgia Special Legislative Study Committee on Restrictive Covenants which served as a resource for the Georgia Legislature as it considered the legislation.

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

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

Ben has been a member of the Labor and Employment Section Board of Directors of the Atlanta Bar Association since 2011 and served as Chair (2014-2015). Ben has also been named a Super Lawyer in Atlanta Magazine annually since 2005 in the area of Employment Law and was 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. He has also been selected by his peers for inclusion in The Best Lawyers in America 2015 and 2016.

Since 1999, Ben has served on the board of Conexx: America Israel Business Connector. He is currently Chairman of the Board and serves on the Executive Committee for the organization. From 2004 to 2012, he served as Chairman of the Professional Committee.

Since 2000, Ben has served on the Alumni Admissions Advisory Committee for Duke University. He has also served on the alumni board of Emory Law School since 2015.

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