Benjamin I. Fink

Benjamin I. Fink: Attorney with Berman Fink Van Horn P.C. AV stamp icon
  • Shareholder at Berman Fink Van Horn P.C. (13 Attorneys)
  • 3475 Piedmont Road, N.E., Suite 1100, Atlanta, GA 30305
    View Benjamin I. Fink's office location
  • Mr. Fink is a shareholder and leads the covenants not to compete section of the Firm.
  • Peer Reviews

    4.9/5.0 (1)
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Attorney Awards


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 more than 25 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 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 and Stored Communications Act claims.Ben 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.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.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.A member of the Labor and Employment Section Board of Directors of the Atlanta Bar Association since 2011, Ben served as its Chair from 2014-2015. He has been named a Super Lawyer in Atlanta Magazine annually since 2005 for his work in Employment Law and selected by Georgia Trendmagazine 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).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 the alumni board of Emory Law School (2015 – present).

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.

Areas of Practice (6)

  • Business Litigation
  • Employment Law
  • Restrictive Covenants
  • Trade Secrets
  • Theft of Trade Secrets
  • Trade Secret Misappropriation

Education & Credentials

Contact Information:
470-344-2144  Phone
404-261-7588  Phone
404-233-1943  Fax
University Attended:
Duke University, B.A., Political Science, 1989
Law School Attended:
Emory University School of Law, J.D., 1992
Year of First Admission:
2001, U.S. Court of Appeals, Fourth Circuit; 1992, Georgia; 1993, New Jersey; 2002, U.S. Supreme Court; 1992, U.S. District Court, Northern District of Georgia and U.S. Court of Appeals, Eleventh Circuit
State Bar of Georgia
- Labor and Employment Section
- Special Committee to provide legal research services to members of the Georgia General Assembly in connection with their study of possible legislation in the area of restrictive employment covenants.
- Business Law Section

American Bar Association
- Labor and Employment Section

American Intellectual Property Law Association
- Trade Secrets Committee
- Chair, Legislative Sub-Committee (2013 – present)
- Vice Chair, Legislative Sub-Committee (2013)

Atlanta Bar Association
– Labor and Employment Section
*Immediate Past Chair (present)
*Chair (2014-2015)
*Chair Elect (2013 – 2014)
*Secretary/Treasurer (2012 – 2013)
*Board of Directors (2010 – present)
– Litigation Section
– Intellectual Property Law Section

DeKalb Bar Association

Federal Bar Association

Lawyers Club of Atlanta

Litigation Counsel of America (Honorary Society)
Payment Information:
  • Credit cards accepted
  • Accepts Visa, MasterCard and American Express
  • Fixed Hourly Rates

Peer Reviews

4.9/5.0 (1 review)
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

  • Analytical Capability

  • Judgment

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  • Legal Experience


*Peer Reviews provided before April 15, 2008 are not displayed.

Atlanta, Georgia

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