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Livestream

Livestream - Restrictive Covenants and Trade Secrets


CLE Hours: 6 including 6 General, 0 Ethics, 0 Professionalism, 2 Trial Practice

Categories:
Trial Practice

Dates


Description

 

  • Speakers, session times and credit hours are subject to change.
  • Ethics | Professionalism | Trial Practice

 

  • Presiding:
  • Benjamin I. Fink, Program Co-Chair; Shareholder, Berman Fink Van Horn PC, Atlanta, GA
  • Neal F. Weinrich, Program Co-Chair; Shareholder, Berman Fink Van Horn PC, Atlanta, GA

 

  • 8:00
  • In-person registration

  • 8:30
  • Introduction
  • Julia D. Neighbors, ICLE Director, State Bar of Georgia, Atlanta, GA

  • 8:35
  • Welcome and Program Overview
  • Benjamin I. Fink
  • Neal F. Weinrich

  • 8:40
  • Restrictive Covenants in Employment and Other Agreements
  • Benjamin I. Fink

  • 9:40
  • Trade Secrets, Confidential Information, Tortious Interference and Computer Fraud & Abuse
  • Neal F. Weinrich

  • 10:40
  • Break

  • 10:50
  • Choice of Law, Venue, and Other Procedural Issues in Restrictive Covenant Litigation (provides trial practice credit)
  • Michael P. Elkon, Partner, Fisher & Phillips LLP, Atlanta, GA
  • Daniel P. “Dan” Hart, Partner, Seyfarth Shaw LLP, Atlanta, GA

  • 11:50
  • Lunch

  • 12:35
    Trial of a Restrictive Covenant Case (provides trial practice credit)
    Moderator: Neal F. Weinrich
    Panelists:
    Nancy H. Baughan, Partner, Bradley Arant Boult Cummings LLP, Atlanta, GA
    Jeffrey H. “Jeff” Fisher, Partner, Kilpatrick Townsend & Stockton LLP, Atlanta, GA
    Adriana R. Midence, Principal, Jackson Lewis PC, Atlanta, GA

  • 1:35
  • Forensic Analysis: I Suspect Theft of Proprietary Information, What Do I Do Now?
  • Lea C. Dearing, Shareholder, Berman Fink Van Horn PC, Atlanta, GA
  • Karuna Naik, Director of Forensics and Disputes, Sullivan Strickler, Atlanta, GA
  • Bobby R. Williams, Jr., Director, iDiscovery Solutions, Washington, D.C.

  • 2:35
  • Break

  • 2:50
  • Assault on Noncompetes: Update on FTC, NLRB and State Efforts to Ban or Curtail the Use of Noncompetes
  • Moderator: Benjamin I. Fink
  • Panelists:
  • John Marsh, Member, Bailey Cavalieri LLC, Columbus, OH
  • Rachel P. Steely, Partner, Foley & Lardner LLP, Houston, TX

  • 3:50
  • Adjourn

Version 1

 

Handouts

Speaker

Mr. Benjamin I. Fink, Esq.'s Profile

Mr. Benjamin I. Fink, Esq. Related Seminars and Products

Berman Fink Van Horn PC


Benjamin Fink is a shareholder at Berman Fink Van Horn P.C. in Atlanta, Georgia. His practice focuses on business and commercial litigation with an emphasis on competition-related disputes, including noncompetes and trade secrets. A regular speaker and writer on noncompetes and related matters, Ben co-authored a chapter on Restrictive Covenant Litigation in Georgia Business Litigation, a treatise published by ALM Media, LLC. He also regularly blogs on noncompete and trade secret topics (www.bfvlaw.com/blogs) and serves as a co-host of the Fairly Competing podcast. In addition to this publication, he has also co-authored a Practice Note on Georgia Confidentiality, Nondisclosure and Non-Solicitation Agreements for Thomson Reuters’ Practical Law.  In recognition of his thought leadership in the trade secrets arena, he was invited to attend The Inaugural Sedona Conference on Developing Best Practices for Trade Secrets Issues that was held in December 2017.  He served on the Sedona Conference drafting team for Principles/Best Practices Commentary on Protecting Trade Secrets in Litigation as part of Working Group 12 on Trade Secrets.  He is a frequent guest speaker at various seminars on noncompete, trade secrets and other related topics throughout Georgia and other parts of the country. He currently serves as Chair of the Trade Secrets Committee of the American Intellectual Property Law Association. A member of the Labor and Employment Law Section Board of Directors of the Atlanta Bar Association, he served as Chair (2014-?2015).  He currently serves as Co-Chair of the Atlanta Bar Judicial Selection & Tenure Committee. Since 2005, he has been named a Super Lawyer, as well as being designated as one of the Top 100 Super Lawyers in Georgia since 2013. He’s been named one of Georgia’s Legal Elite since 2012. Since 2015, he has been selected for inclusion in the Best Lawyers in America and was recently named Lawyer of the Year for Litigation – Labor and Employment in Georgia. In 2015, he was elected as a member of the Litigation Counsel of America. He obtained his J.D. degree from Emory University School of Law, where he has served on the Alumni Board since 2016 and served as President from 2021-2023. He earned his undergraduate degree from Duke University.


Mr. Neal Fredric Weinrich's Profile

Mr. Neal Fredric Weinrich Related Seminars and Products

Berman Fink Van Horn PC


Neal Weinrich knows noncompetes and trade secrets inside and out. A shareholder at Berman Fink Van Horn, Neal counsels clients in all industries on matters involving restrictive covenants, trade secrets and other competition-related issues.

 

Neal represents employers and employees, as both plaintiffs and defendants, in disputes involving noncompetes, customer nonsolicits, nonrecruits, and nondisclosure covenants. He represents clients in noncompete disputes throughout Georgia and in jurisdictions across the country. He also litigates competition-related cases involving various other claims, including tortious interference with business, contractual and/or employment relations, breach of fiduciary duty and/or duty of loyalty, deceptive trade practices, defamation, and violations of the Georgia Computer Systems Protection Act, the Computer Fraud and Abuse Act, and/or violations of the Stored Communications Act.

 

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 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.




Ms. Nancy Haynes Baughan's Profile

Ms. Nancy Haynes Baughan Related Seminars and Products

Bradley Arant Boult Cummings LLP


Nancy is a partner in Bradley’s recently-opened Atlanta office.  She focuses her practice on complex litigation and arbitration matters. In her almost 30 years of practice, Nancy has honed her skills in representing financial institutions and public and private companies in a wide range of litigation and arbitration matters. She has successfully defended banks facing class action and other large-dollar exposures, guided insurance brokers regarding professional liability claims and in enforcing restrictive covenants, litigated numerous contractual, consumer regulatory, and tortious claims, and handled cross-border business disputes, including international arbitration proceedings and related litigation.  Nancy is ranked in Chambers USA in General Commercial Litigation and recognized in The Best Lawyers in America® in Commercial Litigation.


Mr. Jeffrey Howard Fisher's Profile

Mr. Jeffrey Howard Fisher Related Seminars and Products

Kilpatrick Townsend & Stockton LLP


Jeff Fisher is a trial lawyer who specializes in complex commercial litigation, including contractual disputes, class actions, and litigation involving restrictive covenants and trade secrets. Mr. Fisher has won plaintiff’s verdicts as lead counsel in a jury trial and in arbitration and has substantial experience representing clients before federal and state trial courts and in arbitration. Mr. Fisher regularly advises and represents telecommunications companies, software vendors and customers, and other technology companies in disputes that involve difficult contractual or statutory issues, software implementation, or misuse of confidential information. In 2020, Mr. Fisher was recognized by the Daily Report's Georgia Legal Awards as an attorney "On the Rise” and was named as one of Georgia Trend's "40 Under 40".

Mr. Fisher has represented regional and Fortune 500 companies in class action litigation, breach of contract disputes, and complex fraud cases. He has substantial experience litigating cases brought under federal and state statutes, including the TCPA, RICO, the Uniform Trade Secrets Act, the False Claims Act, and the Computer Fraud and Abuse Act. Mr. Fisher has practiced in numerous federal, state, and appellate courts and has represented parties in private arbitration and mediation. Mr. Fisher has experience with all aspects of the litigation process, including pre-litigation investigations, motion practice, complex document discovery, depositions, dispositive motions, settlement negotiations, hearings, and trial.

Mr. Fisher is also devoted to pro-bono and community work. In 2015, Mr. Fisher received Kilpatrick Townsend’s Pro Bono Excellence Award for his representation of a transgender Mexican woman seeking asylum in the United States. In 2014, Mr. Fisher was part of a team that represented 17 guest workers from India alleging human trafficking claims against a large marine construction firm. Mr. Fisher is on the executive board of AJC ACCESS and the steering committee of the Atlanta Black-Jewish Coalition.

Prior to joining the firm, Mr. Fisher clerked for the Honorable Judge Harold L. Murphy of the Northern District of Georgia. While in law school, Mr. Fisher was elected to the Order of the Coif and served as an Articles Editor (2009-2010) and as a member of the Editorial Board (2008-2009) of the Georgia Law Review.

Mr. Fisher was recognized in 2018, 2019 and 2020 as a Georgia "Rising Star" for Business Litigation by Super Lawyers magazine. He was recognized in 2020 by Daily Report's Georgia Legal Awards as being an attorney "On the Rise", which honors Georgia's most promising lawyers under the age of 40. Mr. Fisher was also named one of Georgia Trend's "40 Under 40" for 2020. He was recognized in 2024 for Technology Law and in 2021, 2022 and 2023 as one of the “Best Lawyers: Ones to Watch” for Commercial Litigation, Intellectual Property Law, and Technology Law by The Best Lawyers in America®.


Ms. Adriana Renae Midence's Profile

Ms. Adriana Renae Midence Related Seminars and Products

Jackson Lewis PC


 

Adriana R. Midence is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. and is co-leader of the firm’s Women’s Interest Network. Her practice includes employment and restrictive covenant matters.

Adriana’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. Adriana has successfully tried cases involving such claims in federal and state court in Georgia and other states, such as Texas and Tennessee. Adriana has also represented employers in similar arbitrations, and before the EEOC and related state-level agencies. As a result of Adriana’s litigation experience, she is also routinely asked by clients to provide advice and counsel on employment decisions and training on such issues with a goal of preventing claims and litigation.

Adriana’s restrictive covenant work includes representing employers seeking to enforce and/or invalidate agreements with non-compete, non-solicitation, anti-poaching, and non-disclosure covenants, as well as related claims regarding trade secrets, fiduciary duties, and computer fraud and abuse. Her litigation experience in this area includes cases in Georgia and related companion cases in various other states. In addition to litigating such claims, Adriana frequently advises clients on the use of restrictive covenant agreements in Georgia and on a multi-state or nationwide basis.



Ms. Karuna Naik's Profile

Ms. Karuna Naik Related Seminars and Products

Sullivan Strickler


Karuna Naik is a seasoned IT professional with a career spanning over 25 years in the field of information technology. Her journey into the world of IT began with a strong academic foundation, earning a BSc (Hons) degree in Computing with Mathematics followed by a MSc in Communicating Computer Systems as a post graduate.

Her career commenced in a high-pressure environment on the trading floor of Barings Securities in London, England where she provided critical application support to traders.

For the next 12 years, Karuna continued her career at Mizuho Capital Markets, specializing in trading room services. Additionally, she managed the network infrastructure, disaster recovery, business continuity planning, and oversaw the desktop and datacenter environments. Her expertise ensured the uninterrupted operation of Mizuho’s critical financial and market data systems.

After a 7-year hiatus to raise her children, Karuna re-entered the IT landscape as a Network Operations Center (NOC) engineer at DynaSis (now Novatech). In this role, she shouldered the responsibility of disaster recovery and business continuity planning for all clients, honing her skills in safeguarding digital assets.

In 2019, Karuna joined SullivanStrickler LLC as a Project Manager, quickly transitioning to a Forensic Examiner role due to her strong technical skills, and in 2022, she was promoted to Director of Forensics & Disputes. She has gained extensive experience in conducting investigations involving various forms of digital data, including mobile devices, from the cloud, personal computers, video and security systems, USB devices and email.  Her caseload has encompassed a wide spectrum of legal scenarios, such as intellectual property theft, departing employee investigations, traffic and personal accidents, video and security footage analysis, data recovery, location data analysis and even criminal cases.

Karuna’s dedication, work ethic and proficiency have solidified her reputation as a distinguished professional in the field of digital forensics, contributing significantly to the successful resolution of numerous investigations.







Important Information

Please be advised that your credit will not be reported to the State Bar of Georgia CLE Regulation Department until after you have completed the steps necessary to earn credit for that program. 

Self reporting is required for all other jurisdictions.

The information presented is solely for educational purposes. The opinions expressed by the faculty in their materials and presentations are their own and do not necessarily reflect the opinions of the State Bar of Georgia, its officers, directors and/or employees. The faculty is not engaged in rendering legal or other professional advice and these presentations and publications are not a substitute for the advice of an attorney. All publications and presentations were created to serve the continuing legal education needs of practicing attorneys.

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