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Live Event

Restrictive Covenants and Trade Secrets


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

Categories:
Trial Practice
Location:
State Bar of Georgia - Atlanta, Georgia

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

 

  • 8:30
  • 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
  • Break

  • 9:50
  • 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

  • 10:50
  • Lunch

  • 11:35
    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

  • 12:35
  • 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.

  • 1:35
  • Break

  • 1:50
  • Assault on Noncompetes: Update on FTC, NLRB, and State Efforts to Ban or Curtail the Use of Noncompetes
  • Moderator: Benjamin I. Fink
  • Panelists:
  • John F. Marsh, Member, Bailey Cavalieri LLC, Columbus, OH
  • Rachel P. Steely, Partner, Foley & Lardner LLP, Houston, TX

  • 2:50
  • Adjourn

Description vOD1, Brochure v4

 

Handouts

Speaker

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

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

Berman Fink Van Horn PC


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.


Mr. Neal Fredric Weinrich's Profile

Mr. Neal Fredric Weinrich Related Seminars and Products

Berman Fink Van Horn PC


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.


Mr. Michael Peter Elkon's Profile

Mr. Michael Peter Elkon Related Seminars and Products

Fisher & Phillips LLP


Michael Elkon is a partner in the Atlanta office and Co-Chair of the Employee Defection and Trade Secrets practice group. He helps companies recruit talent from competitors in a legal fashion and ensures that former employees do not exploit companies' key information and relationships.

Michael has significant experience in providing advice and handling litigation relating to covenants not to compete, non-solicitation and non-disclosure provisions, employee raiding, trade secrets, the duty of loyalty, deceptive trade practices under state and federal law, the Computer Fraud & Abuse Act (CFAA), and state computer protection statutes.

Michael has successfully litigated dozens of employee defection and recruitment matters in numerous state and federal courts. In addition to litigating, Michael drafts restrictive covenants for numerous different types of agreements and counsels clients on protecting their confidential information and customer relationships, as well as recruiting talent.

Michael also advises clients and handles litigation regarding a bevy of other employment laws, including Title VII, Section 1981, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), Employee Retirement Income Security Act (ERISA), and state assault and battery laws.

Michael has been included in Georgia Super Lawyers - Rising Stars or Georgia Super Lawyers on numerous occasions and is currently Chambers Rated for Excellence in Labor and Employment Law. He worked with the Georgia Legislature, appearing before its Judiciary Committee regarding the Georgia non-compete statute (HB 173) in the 2009 Legislative Session, and also worked with the Sedona Conference's Working Group 12 as a Contributing Editor for its Commentary on Equitable Remedies in Trade Secret Litigation.  


Mr. Daniel Paul Hart's Profile

Mr. Daniel Paul Hart Related Seminars and Products

Seyfarth Shaw LLP


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.


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.



Karuna Naik's Profile

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.


Bobby Williams's Profile

Bobby Williams Related Seminars and Products

iDS


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.





Jonathan Crook's Profile

Jonathan Crook Related Seminars and Products

Fisher & Phillips LLP


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.


Location

State Bar of Georgia

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104 Marietta St. NW, 3rd Floor, Atlanta, Georgia 30303, United States
(404) 527-8700
www.gabar.org

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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