Benjamin Fink, Berman Fink Van Horn

Overview:

Benjamin Fink, a business and employment litigation specialist at Atlanta’s Berman Fink Van Horn, is known for his work over 25 years in noncompete, trade secrets and competition-related disputes. Fink is also experienced in Computer Systems Protection Act violations, Economic Espionage Act, Defend Trade Secrets Act and Electronic Communications Privacy Act claims. 

Peers say: “He is a cool hand to have around the table and he can really get to the heart of the dispute.” Fink has handled cases in state and federal courts in over 16 US states, successfully handling countless Temporary Restraining Order and Preliminary Injunction hearings. Fink is an American Arbitration Association panellist and has handled disputes in arbitration before the AAA and the Financial Industry Regulatory Authority. 

Fink has testified before the Georgia legislature on proposed legislation on restrictive covenant agreements. He attended the inaugural Sedona Conference on Developing Best Practices for Trade Secret Issues, and serves on Sedona Working Group 12 on trade secrets. Fink also discussed “Trade Secret Litigation Case Management Issues” on a panel at the Sedona Conference Trade Secrets Working Group Annual meeting. 

As chair of the American Intellectual Property Law Association Trade Secret Law Committee, he led the AIPLA Trade Secret Summit, one of the industry’s leading trade secrets conferences. At the summit Fink moderated panels on “Independent Economic Value and Apportionment: Key Issues in Pleading and Proving Trade Secret Claims” and “Trade Secret Protection and Litigation from the In-house Perspective.”

Key matters:

• Benjamin Fink served as an expert witness for the defence on law firm trade secrets in a disciplinary proceeding against two lawyers accused of improperly using restrictive covenant agreements with lawyers.
• Benjamin Fink obtained consent judgment and injunction against a former HR executive of a health testing and immunizations company accused of stealing company confidential information. He obtained injunctions enforcing noncompetes against former employees of assisted living staffing firm.
• Benjamin Fink obtained a consent injunction against a former R&D scientist of a biotech company subject to a non-compete who joined a competitor in a similar role.