Restrictive Covenants and Trade Secrets
Original Program Date :
Description vOD2, Brochure v1
Benjamin I. 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 nearly 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 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 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.
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. He 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.
Neal Weinrich knows trade secrets and restrictive covenants inside and out. A shareholder at Berman Fink Van Horn, Neal counsels clients in all industries on matters involving trade secrets, noncompetes, and other competition-related issues.
Neal represents employers and employees, as both plaintiffs and defendants, in disputes throughout Georgia and in other jurisdictions involving noncompetes, customer nonsolicits, nonrecruits, and nondisclosure covenants. Neal also handles a variety of other business-related matters, including complex commercial litigation, contract disputes, cases involving business torts, partnership or shareholder disagreements, and executive compensation disputes.
Recognized by Super Lawyers since 2012 and Best Lawyers since 2021, Neal writes and speaks frequently on issues that arise in competition-related cases. Neal is a co-author of a chapter on Restrictive Covenant Litigation in Georgia Business Litigation, a treatise published by ALM Media, LLC. Neal has also co-authored Georgia Practice Notes on Confidentiality, Nondisclosure and Non-Solicitation Agreements for Thomson Reuters’ Practical Law. He is the co-founder of and a regular contributor to the Georgia Noncompete & Trade Secrets blog.
Neal is the Past Chair of the Labor & Employment Committee of the Atlanta Bar Association and currently serves on the Vice-Chair of the Trade Secret Committee of the State Bar of Georgia’s Intellectual Property Section. Neal also served on the Drafting Committee on Covenants Not to Compete for the Uniform Law Commission. He also served as the co-chair of the Ethics and Professionalism Committee of the Young Lawyers Division of the State Bar of Georgia.
Neal graduated from Tulane University in 2003 and from Emory University School of Law in 2006.
Lauren is a partner at Fisher Phillips. Her practice is focused on representing businesses and individuals in matters involving restrictive covenant and trade secret litigation, employment law and business litigation in state and federal courts.
Prior to joining Fisher Phillips, Lauren practiced restrictive covenant and trade secret ligation, as well as business litigation at a boutique Atlanta law firm. In addition, Lauren spent the first part of her legal career working in the public sector to protect consumers and legitimate business from unfair and deceptive trade practices.
Lauren was chosen in 2018 and 2021 as one of Georgia’s Legal Elite by Georgia Trend Magazine, a 2019 Pro Bono All Star by the Georgia Bar Journal and has been included in Georgia Super Lawyers - Rising Stars for 2020-2024. Lauren serves on the Board of the Atlanta Bar Association's Labor and Employment Section, as well as the Atlanta Legal Aid’s Service Council, which promotes the provision of pro bono legal services by private practice attorneys.
Dan Hart is a Labor and Employment Partner based in the Atlanta office of Seyfarth Shaw LLP.
Dan's practice spans employment and commercial litigation disputes involving employee trade secrets, restrictive covenants, and employee mobility and single-plaintiff or multi-plaintiff lawsuits alleging workplace discrimination, harassment or other employment-related claims. With over 20 years of litigation experience, he has represented clients in numerous lawsuits and investigative matters alleging violations of state and federal employment laws—from individual EEOC charges and single-plaintiff lawsuits to class and collective actions brought by thousands of employees. In addition, Dan represents employers in restrictive covenant, trade secret misappropriation, and employee raiding cases throughout the US, including obtaining permanent injunctive relief on behalf of his clients against former employees and competitors.
Outside the courtroom, Dan provides day-to-day counseling and advice to employers about the laws affecting the employment relationship. He combines his experiences as a litigator and counselor to provide clients with practical solutions to employment challenges.
Dan is a frequent speaker and blogger on trade secrets and non-compete issues. He advises employers on developing strategies to protect their trade secrets, confidential information, and customer goodwill through the use of restrictive covenants and other practical measures. As part of this advice, Dan assists companies in implementing multistate restrictive covenant agreements and employee retention agreements for use with their employees throughout the US, where significant differences in the law from state to state create substantial hurdles to administering such agreements on a national basis. In addition, combining his passion for international business with his years of experience as an employment litigator and counselor, Dan advises foreign-based companies on the intricacies of US employment, trade secrets, and noncompete law.
Erik J. Winton is a principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He is the co-leader of the firm's Restrictive Covenants, Trade Secrets and Unfair Competition practice group. His nationally recognized practice focuses on restrictive covenant drafting, counseling, litigation avoidance and litigation. He regularly provides valuable counsel to clients in New England and across the country regarding these issues.
In over twenty-five years of practice, Erik has handled hundreds of matters for clients in dozens of industries across the country. In his primary practice area, Erik represents both employers and employees, from initial consultation and strategic concerns through litigation avoidance and negotiation to full litigation, including trials and appeals. On behalf of his employer clients seeking to enforce their restrictive covenants and protect against unfair competition, Erik has prevailed on dozens of requests for injunctive relief and collected over $10,000,000 in judgments and settlements. On behalf of his employee and new employer clients, he has frequently negotiated resolutions without payments or restrictions, and avoided requests for injunctive relief.
Erik’s experience litigating restrictive covenant matters in multiple jurisdictions allows him to assist clients in drafting policies and agreements that best protect their most important assets; their employees, customers and confidential information.
Erik writes and lectures frequently on issues relating to restrictive covenants, trade secrets and unfair competition.
In addition to his primary practice, Erik has extensive experience as a litigator, including successful first chair jury trial experience. He represents employers in federal and state courts and administrative agencies in matters involving discrimination claims based on race, sex, sexual preference, national origin, and disability; retaliation, whistle blowing, wage/hour claims and Department of Labor complaints; allegations of wrongful discharge and breach of contract under the common law; and claims for tortuous injury, such as defamation, infliction of emotional distress and interference with advantageous relations. Erik has prevailed on the vast majority of dispositive motions filed on his clients’ behalf, including several reported cases.
Erik’s practice emphasizes advising employers regarding how to comply with the full range of federal and state labor and employment laws. This includes advising clients on issues relating to disability and leave management, reductions in force, wage and hour laws and workplace safety. Erik also drafts and negotiates executive employment and severance agreements on behalf of both employers and executives.
Robert W. Capobianco is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C.
Rob’s practice focuses on restrictive covenant/trade secrets and employment matters.
Rob’s restrictive covenant work includes efforts to enforce and/or invalidate agreements with non-competition, non-solicitation, and non-disclosure covenants, as well as related claims regarding trade secrets, fiduciary duties, and tortious interference. His litigation experience in this area is nationwide and he has successfully tried cases involving such claims in Delaware and Georgia.
Rob’s employment litigation experience includes serving as lead counsel in cases involving race, national origin, age, disability, religion, pregnancy, and sex discrimination; sexual harassment; and retaliatory discharge. Rob has successfully tried cases involving such claims in Georgia and Tennessee. Rob also represents employers in similar arbitrations, and before the EEOC and related state-level agencies.
Rob has been recognized for his representation of employers in restrictive covenant and employment litigation in Chambers USA.
Honors and Recognitions
Published Works
Ashley Kelly is a partner in the Litigation & Dispute Resolution practice group and co-chair of the Employment practice group at Arnall Golden Gregory LLP. She guides employers through the most pressing human resources issues, using a direct approach to resolving employment matters that preserves positive workplace environments. Her clients span many sectors including the logistics, long-term care, healthcare, background screening, energy, financial services, and retail/hospitality industries.
As a litigator, Ashley serves as lead counsel in a full range of employment and business disputes, including claims relating to unfair competition and restrictive covenants (such as non-competition, non-solicitation, non-disclosure, and trade secrets agreements), allegations of discrimination and harassment, violations of employee leave laws, wage and hour issues, breach of executive employment contracts, benefits disputes, and other complex business litigation matters. She also has a niche practice representing foreign-based companies that are establishing operations in the U.S. and has a great deal of experience conducting internal investigations, including investigations concerning employers’ high-ranking executives. Ashley is known for her strong analysis of complex matters, quickly offering clear advice that is practical and achievable. She frequently appears before administrative agencies and state and federal courts at the trial and appellate levels, as well as in arbitration, mediation, and other forms of alternative dispute resolution.
Kevin Levitas, a lifelong DeKalb County resident, is Vice President of Hill Manufacturing Company, Inc., representing his family’s third generation in the chemical specialty manufacturing business.
Levitas earned his law degree from The University of Georgia after being graduated cum laude from Middlebury College with a degree in Political Science. Shortly after his college graduation, Levitas and three friends bicycled across the country from San Francisco, California to Sakonnet on the southern coast of Rhode Island.
In 2006, Levitas was elected to the Georgia General Assembly from House District 82. He served two terms in the House from 2007-2010. During his four years as a Representative, Levitas authored and helped pass a number of bills, including laws to establish a felony-level DUI offense for repeat drunk drivers, protect consumers from tainted food products, a taxpayer-friendly method of appealing property tax values determined by county tax assessors, and a major overhaul of Georgia’s employment covenant laws.
Levitas was selected as Legislator of the Year by both the Georgia Chamber of Commerce and the Georgia Association of Solicitors-General and twice selected as one of the most influential members of the Georgia House of Representatives by James magazine, Georgia’s leading political periodical
Levitas has served as an Assistant District Attorney in DeKalb County, as a Special Assistant U.S. Attorney for the Northern District of Georgia and as Legislative Assistant to the Speaker of the U.S. House of Representatives in Washington, D.C.
Levitas is married to Claudia Koeppel Levitas, Associate General Counsel for Roark Capital Management, LLC. They live in northeast DeKalb County and have two adult children.
Job J. Milfort is the managing partner of Prioleau & Milfort, LLC. He focuses his practice on Employment Law and Business Disputes.
Since forming his practice in 2010, Job has obtained favorable results for business owners and a variety of professionals ranging from Lawyers, Doctors, and C-Suite Executives, to General Managers, Law Enforcement Officers, Educators, and hourly workers. In addition to representing professionals, Job has successfully assisted business owners with business disputes, internal investigations, and with compliance matters.
Prior to forming his own law firm, Job practiced employment law at Alston & Bird, LLP and Baker Donelson, where he represented national and international employers in nearly all areas of employment law.
Job has represented both plaintiffs and defendants in all phases of restrictive covenants/trade secrets cases.
In recognition for his work on behalf of his clients, Job has been selected as a Georgia Super Lawyer in Employment & Labor from 2017-2025, and as a Rising Star from 2012-2016. Job has also been selected as one of Georgia Trend's "Legal Elite" in Labor & Employment in 2012, 2013, and 2017.
In addition to fighting for his clients, Job is a registered neutral/mediator with the Georgia Commission on Dispute Resolution. He enjoys assisting parties in reaching amicable resolutions of their disputes.
David E. Sems is a highly experienced forensic technology services professional boasting over 20 years of expertise. As the Managing Director of the electronic discovery practice at White Elm Group, he specializes in computer forensic analysis, transactional data analytics, and advanced techniques such as AI, link analysis, and text mining.
David spent 11 years at Ernst & Young, leading the Forensic Data Analytics team in the Americas. He has provided valuable services to clients in various industries across Europe, Africa, and North America. Additionally, he serves as the Director of Communications & Technology for the City of Strongsville.
He holds a Bachelor's degree in Accounting from the University of Akron and is a Certified Public Accountant in Ohio. David is also certified as a Certified Information Technology Professional (CITP) and holds the Financial Forensics (CFF) certification from the AICPA.
David is a respected national speaker and an award-winning author who has presented to organizations such as the FBI, IIA, and ACFE. He is a guest lecturer at several universities and has published numerous articles on cloud computing, cybersecurity, and data analytics.
His technical skills encompass various fields, including web development, software development, and forensic tools. David has contributed to significant investigations, including uncovering fraud, analyzing millions of transactions, and assisting law enforcement in complex cases.
For Bobby Williams, data is his tool, but people are his focus. Bobby has supported litigation, law enforcement, and corporate professionals as a consultant, technologist, and expert, since 2001. As a Director at iDiscovery Solutions, Inc. (iDS), he has played an integral role in hundreds of digital forensics and data science driven matters, all helping him, and his clients gain insights into the actions and processes of people. Bobby continues utilizing his unique skills and knowledge of the entire EDRM lifecycle. He collects, validates, analyzes, and reports on digital evidence. He leverages more than two decades of experience to develop and administer structured data systems, helping to reconstruct events and understand the roles of the people involved. This is all done while providing strategic consultation for investigations, incident response, and expert testimony.
Ashley Bowcott grew up as a writer in a family of legal professionals. She applies her love of writing with her experiences around the practice of law, using research, creativity and her legal acumen to effectively tell clients’ stories. She represents a wide range of business clients--from individual employees to closely held companies to national and multinational corporations--in a variety of business litigation disputes. She specializes in noncompete and other restrictive covenant and trade secret disputes.
Ashley is a graduate of Georgia State University College of Law, where she was a Dean’s Scholar, member of the Executive Board of the Georgia State University Law Review, and was inducted into the Order of the Coif. Previously, Ashley received a Master of Fine Arts in Creative Writing at University of Central Florida where she was a Provost’s Fellow, and she earned her Bachelor of Arts from DePaul University. She currently serves as Chair of the Atlanta Bar Association's Wellness Committee and is an active member of the Georgia Association for Women Lawyers.
Brian is a Partner in the Atlanta office of Hall, Gilligan, Roberts & Shanlever LLP. Brian focuses his practice on non-compete and restrictive covenant agreements and trade secret disputes. In several cases, Brian has crafted legal arguments that broke new ground on interpreting Georgia’s Restrictive Covenant Act, resulting in litigation victories for his clients. Beyond litigation, Brian advises businesses on employment law compliance, such as workplace policies and employment discrimination laws, and on their business-to-business contractual agreements.
Prior to joining HGRS, Brian clerked for judges at the United States Court of Appeals for the Eleventh Circuit and the United States District Court for the Northern District of Georgia. Brian uses the experience and insights he gained in those federal trial and appellate courts to provide clients with objective and practical advice and to guide clients through all stages of litigation.
Henry Fink is an attorney whose practice focuses on counseling clients regarding workplace and business-related legal issues, as well as litigating labor, employment, non-compete, trade secret, and labor relations.
Business is in Olivia Landrum's DNA, but law was always in her future. Growing up in a family business and concentrating her undergraduate studies in finance was just the beginning. From an early age, Olivia also knew she wanted to study law. Today, as a Litigation Associate, Olivia’s background empowers her with the ability to understand both the business and the legal side of a matter.
A graduate of the University of Georgia School of Law, Olivia was a member of a winning Moot Court Competition team, served as Executive Notes Editor for the Georgia Journal of International and Comparative Law and was selected for the Clarke-Carley (formerly Lumpkin) Inn of Court. She received her Bachelor of Science in Finance (summa cum laude) from Auburn University.
Outside of the office, Olivia enjoys going for walks and exploring all that Atlanta has to offer, especially its neighborhoods, parks and local restaurants. She also enjoys playing tennis, pickleball and Mahjong.
Jonathan Crook is a Partner in the Charlotte office and a former legal tech entrepreneur.
In 2022, after having practiced for several years with a national employment law firm, Jonathan founded Blue Pencil Box — a knowledge management platform focusing on the law of non-compete agreements and restrictive covenants.
Jonathan programmed practice automation tools and authored daily updates on case law, legislation, and regulatory activity, keeping users at the cutting edge of a constantly shifting area of law, all while growing a new venture as a bootstrapped solo entrepreneur.
fpSOLUTIONS, a new venture powered by Fisher Phillips, acquired Blue Pencil Box in 2023. Jonathan continues to provide content and insights through Blue Pencil Box on the fpSOLUTIONS platform.
Jonathan also maintains a national legal practice focusing on employee defection, trade secrets, non-compete agreements, and other restrictive covenants. He uses personal experience as a former business owner to help clients achieve their goals while navigating a complex legal landscape.
Partner, Schor Vogelzang & Chung LLP
Practice Focus: Employment Law; Counseling, Training and Investigations
Practice Description:
Renée Schor has been practicing since 1990, helping employers around the world meet their vision for an ideal work community. She practices from a core belief that if a company creates, communicates and reinforces clear expectations that are consistent with its goals, values and vision, that company can create a sustainable work community with, among other benefits, increased productivity and reduced risk of liability. Her practice includes the following expertise:
Counseling on creating and enforcing policies and establishing human resource systems that are legally compliant, set clear expectations for the employee and the employer, and make business sense for the employer’s unique workplace, and providing ongoing counsel to support creating and reinforcing these systems;
Educating and training employers on best practices for creating and maintaining great work communities, including on creating shared expectations, having difficult conversations, harassment and discrimination, leaves of absence and managing performance;
Investigating employee claims of misconduct, including discrimination, harassment, abusive conduct or other alleged violations of law, policy or best practices.
Education & Bar Admittance:
Ms. Schor received her Juris Doctor from the University of California, Hastings College of the Law in 1990 and her B.A. from Northwestern University in 1987. She is admitted to practice in California.
Prior Practice Experience:
Prior to forming Schor Vogelzang & Chung LLP (formerly Schor & Freeland), Ms. Schor was a partner in the San Diego office of Baker & McKenzie, where she practiced employment law for approximately 13 years. Prior to joining Baker & McKenzie, Ms. Schor was an associate in the employment group in the San Diego office of Gray, Cary, Ware & Friedenrich (now DLA Piper Rudnick LLP).
Justin K. Victor is a trial lawyer who has assisted clients in recovering over $100 million in complex civil litigation. Mr. Victor has also secured temporary restraining orders, preliminary injunctions, and permanent injunctions in state and federal court for clients seeking to protect against the misappropriation of trade secrets and to enforce restrictive covenants.
Mr. Victor has successfully defended clients facing claims totaling over $300 million. For example, Mr. Victor defends employers in class and collective actions arising under the FLSA and related state wage and hour laws. Mr. Victor also defends executives and board members in derivative and direct actions arising under state and federal law.
In addition to an active litigation practice, Mr. Victor counsels employers of all sizes in the design and implementation of employment policies, practices, proactive audits, and workplace training.