Benjamin Fink

Ben’s practice involves advising companies and their owners in a wide variety of legal issues impacting their businesses. Ben concentrates his practice in business and commercial litigation with a particular emphasis on litigation involving non-compete, non-solicitation, confidential information and trade secrets agreements and other competition-related litigation. Ben’s practice includes representation of both plaintiffs and defendants in all types of business and commercial disputes including contract disputes, business torts, unfair competition claims, restrictive covenant and trade secrets claims, partnership, shareholder and other internal corporate disputes, shareholder derivative lawsuits and securities fraud claims. Ben’s employment practice includes representation of companies before administrative agencies such as the Equal Employment Opportunity Commission, as well as handling discrimination and harassment claims brought under the spectrum of employment laws including Title VII of the Civil Rights Act of 1964, the American With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA) and other federal, state and local statutes and regulations governing the work place. Ben’s non-compete and unfair competition practice includes representation of both plaintiffs and defendants in disputes involving restrictive covenants including non-compete, non-solicitation of customers, non-recruitment of employees, non-disclosure/confidential information and trade secrets provisions as well as disputes involving 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 claims, Electronic Communications Privacy Act claims and Computer Fraud and Abuse Act claims. Ben is also experienced in drafting agreements that can be instrumental in protecting the competitive edge of his client’s businesses and in avoiding unfair competition, including agreements containing non-competition, non-solicitation, non-recruitment and confidentiality and trade secrets provisions. Ben writes and lectures regularly on non-compete agreements and related topics, as well as other topics involving competition-related legal issues and other legal issues facing businesses. Ben recently testified before a joint committee of the Georgia House and Senate that is studying proposed legislation relating to restrictive covenant agreements. Ben is also a member of the State Bar of Georgia Special Legislative Study Committee on Restrictive Covenants which is serving as a resource for the Georgia Legislature as it considers legislation relating to restrictive covenants.