Practice Areas
Intellectual Property LawLabor & Employment Law
Attorneys and in-house counsel face an increasingly complex legal landscape when advising clients on safeguarding proprietary information and managing workforce mobility. As federal and state legislatures and regulatory bodies aggressively seek to curtail the use of restrictive covenants, and the enforceability of traditional non-compete agreements undergoes seismic shifts, legal practitioners must adapt their approach to protecting corporate assets and their competitive edge. Counsel is tasked with navigating evolving statutory frameworks and case law, mitigating the risk of talent migration, and implementing robust trade secret protection programs while preparing for high-stakes enforcement litigation.
In this CLE webinar, Benjamin I. Fink will draw on his extensive experience in restrictive covenants and trade secrets litigation to provide strategic guidance on navigating these critical developments. Attendees will learn practical approaches to drafting and restructuring of employment agreements, ensuring compliance with recent Federal Trade Commission (FTC) enforcement priorities and state-level legislative bans, and executing effective trade secret enforcement strategies under the Defend Trade Secrets Act (DTSA) and state laws. This program is designed for corporate counsel, employment and intellectual property law practitioners, and business litigators advising clients across industries heavily reliant on proprietary data and intellectual capital.
Learning Objectives
Upon completion of this program, attorneys will be able to:
- Understand the shifting regulatory and statutory landscape governing restrictive covenants to advise clients on the validity and enforceability of non-competes and related provisions.
- Structure alternatives to non-competes, such as tailored non-solicitation and non-disclosure agreements, that comply with current state and federal law.
- Apply legal best practices for initiating or defending emergency injunctive relief proceedings and trade secret litigation in federal and state courts.
Benjamin Fink is president and a founding 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 noncompete and trade secrets. Benjamin also has extensive experience litigating general business and commercial disputes, and trial experience handling a variety of cases in state and federal courts in Georgia and in more than 15 other states. He also has handled disputes in arbitration before the American Arbitration Association (AAA) and Financial Industry Regulatory Authority and is an AAA panelist.
A published author on restrictive covenants, Benjamin regularly blogs on noncompete and trade secret topics (www.bfvlaw.com/blogs). He also co-authored a Practical Law Practice Note on Georgia Confidentiality, Nondisclosure and Non-Solicitation Agreements for Thomson Reuters.
In recognition of his thought leadership in trade secret law, he was invited to attend the Inaugural Sedona Conference on Developing Best Practices for Trade Secrets Issues in 2017. He also served as a Contributing Editor to The Sedona Conference’s Commentary on Protecting Trade Secrets in Litigation About Them and serves on The Sedona Conference Steering Committee for Working Group 12 on trade secrets.
Benjamin frequently speaks at various seminars on noncompete, trade secrets and other related topics, including the Practicing Law Institute’s annual Noncompetes and Restrictive Covenants and Advanced Trade Secrets seminars. He chaired the American Intellectual Property Law Association’s Trade Secrets Committee from 2022-2024. Benjamin is also a longtime member of the Atlanta Bar Association’s Labor and Employment Law Section Board and currently co-chairs the Judicial Selection & Tenure Committee.
Benjamin and his firm were ranked in the Chambers USA Guide 2026 for Labor & Employment. He has been recognized by Super Lawyers since 2005 and has appeared on the Top 100 Super Lawyers in Georgia list annually since 2013. Benjamin has been named to Georgia’s Legal Elite since 2012, selected to The Best Lawyers in America
Since 2015, and was recently recognized by Best Lawyers as “Lawyer of the Year” for Litigation – Labor and Employment in Georgia. In 2015, Benjamin was elected as a member of the Litigation Counsel of America.
Benjamin earned his J.D from Emory University School of Law and holds an undergraduate degree from Duke University.
This live webinar is eligible for both CLE and CPE credit.
NOTE: CPE/CLE credit for attendees are subject to participation and approval by the governing boards.
NASBA CPE ACCREDITATION INFORMATION
Learning Level: Basic
Prerequisites: None
Field of Study: Specialized Knowledge
Delivery Method: Group Program
CeriFi LegalEdge is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
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