Berman Fink Van Horn

Firm overview:

Atlanta-based Berman Fink Van Horn (BFV) is a go-to firm for clients looking for advice on non-compete and trade secrets issues, as well as employment, business and real estate-related matters.

The firm’s experience in issues surrounding restrictive covenants and trade secrets matters spans nearly every industry. BFV is adept at defending fast-moving, high-stakes cases as well as counselling companies on issues such as onboarding employees. The firm is also called on to lead litigation concerning the hiring of employee teams from a competitor, often resulting in multiple-state proceedings.

BFV also drafts and implements agreements containing non-compete, nonsolicit, nonrecruit, and nondisclosure provisions for companies of all sizes, and helps clients develop measures to prevent employees from taking company property or files.

Team overview:

BFV has a 17-strong team in its non-compete/trade secrets practice, who counsel clients on avoiding litigation as well as standing ready to assist when contentious matters arise.

Benjamin Fink has been representing plaintiffs and defendants in disputes involving non-compete, non-solicitation, trade secrets and other related matters for more than 25 years and is widely recognised among US trade secret lawyers “as one of the most knowledgeable people out there”, according to a peer.

The same industry counterpart, who has worked alongside Fink as co-counsel in Georgia, recommends him as being “extremely knowledgeable, very involved in the trade secret community in Sedona and AIPLA and all these other organisations. He’s really good.”

Other members of the team include shareholder Lea Dearing, who is particularly skilled in using data forensics and electronic data to win trade secrets and restrictive covenants cases, and has spoken widely on the topic.

Key matters:

• Successful defence of trade secrets allegations in Fifth Circuit appeal

One of the team’s 2025 highlights was representing defendants The Randall Powers Company and an employee in a trade secrets case.

In April 2025, the US Court of Appeals for the Fifth Circuit affirmed the district court’s grant of summary judgment in favour of the defendants. The case centered on allegations that the employee had misappropriated trade secrets to divert clients from his former employer, Dewolff, Boberg & Associates (DB&A), to his new employer Powers.

The Fifth Circuit found that DB&A had failed to adequately identify its trade secrets or distinguish its alleged trade secret information from information that is publicly available. It also found there was no evidence that its former employee or Powers ever used or disclosed the alleged trade secret information.

Shareholders Lea Dearing and Benjamin Fink, and associate Ashley Bowcott, represented the defendants.

• Client win in Fourth Circuit appeal

In August 2025, BFV announced it had secured a win in the US Court of Appeals for the Fourth Circuit representing the appellees; two former employees of a nationwide, billion-dollar staffing company.

The appellate court held that BFV’s clients had not breached their fiduciary duties or violated their customer non-solitication, confidentiality or return of information covenants with their former employer.

Benjamin Fink and Jeremy Kahn represented the appellees.

Clients:

The Randall Powers Company