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.
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. He 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 legislation.
In 2017, Ben was invited to attend the Inaugural Sedona Conference on Developing Best Practices for Trade Secret Issues, an invitation-only group of thought leaders in trade secret law. Today, Ben serves on Sedona Working Group 12 on trade secrets.
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. He also co-authored a Practice Note on Georgia Confidentiality, Nondisclosure and Non-Solicitation for Thomson Reuters Practical Law.
Since 2005, Ben has been named a Super Lawyer in Atlanta Magazine for his work in Employment/Business Litigation and he has been 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 and selected by his peers for inclusion in The Best Lawyers in America (2015 – present).
A member of the Labor and Employment Section Board of Directors of the Atlanta Bar Association from 2011 to 2019, Ben served as its Chair from 2014-2015. Since 1999, Ben has served on the board of Conexx: America Israel Business Connector. He served as Chair of the Conexx Board (2015-2017) and continues to serve on its Executive Committee. Ben is also involved with his university alumni organizations, including Duke University’s Alumni Admissions Advisory Committee (2000 – present) and Atlanta Regional Alumni Board; and the alumni board of Emory Law School (2015 – present). In 2021, Ben was named President of the Alumni Board of Emory Law School.
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 two children. When not practicing law, Ben enjoys kayaking, bicycling, playing golf and being an enthusiastic spectator at his children’s various athletic and recreational activities.
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®.
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