Ben Hathaway

Ben Hathaway is a trial lawyer. For over 40 years, Ben has represented folks and businesses in resolving complex commercial disputes through litigation, arbitration, mediation, and general legal counseling.

He has practiced at Kirton McConkie since 2002 where he has twice chaired its Litigation section and has served on its board of directors.

Ben has been AV Preeminent Peer Review rated by Martindale-Hubbell since 2002 and is among America’s Top 100 Bet-the-Company Litigators.

Educación

• University of Puget Sound, JD, 1983
• University of Utah, BA, Humanities, con honores, 1981

Experiencia

• Trial and general counsel for: (1) counties, cities, improvement districts, and special service districts, (2) healthcare management organizations, hospitals, healthcare facility owners and physicians, (3) state-wide public employees association and (4) developers, general contractors, subcontractors, and suppliers.
• In areas of: (1) commercial litigation, including contract enforcement, breach of commercial covenants, restraint of trade, unfair competition, fraud and business torts, (2) federal and state agency regulatory compliance including environmental, housing, finance, and real estate sales investigations, enforcement actions and citizens suits, (3) constitutional claims, including First Amendment, Equal Protection, Title VII and civil rights claims and (4) Fair Hearing Proceedings, privileging, licensure, and other administrative hearings.
• Appearances before the Utah Federal District Court, Tenth Circuit Court of Appeals, all districts of the Utah State Court system, the Ute Tribal Court, the Utah Supreme Court, the Utah Court of Appeals and the Eastern District of Michigan. In addition, appearances pro hac vice in Federal District Courts of California, New Jersey, Virginia, and Idaho, and in the State Courts of California, Nevada, Idaho, and Wyoming.
• Over 30 years of experience in alternative dispute resolution, including arbitration, mediation, and negotiation.

• U.S. Court of Claims
• United States Circuit Court for the Tenth Circuit
• Tribunal de Apelaciones de los Estados Unidos para el Décimo Circuito
• United States District Court for District of Eastern Michigan
• United States District Court for District of Utah
• Utah

• Colegio de Abogados de Utah
• Federal Bar Association
• Colegio de Abogados del Condado de Salt Lake

• AV Preeminent Peer Review Rated, Martindale-Hubbell since 2002
• Mountain States Super Lawyers:  Business Litigation, Construction Litigation, Alternative Dispute Resolution (2012-2019, 2022-2025)
• Los mejores abogados^®: Commercial Litigation (2013-2022, 2024-2026), First Amendment Litigation (2015-2021)
• Top 100 Bet-the-Company Litigators (2019)
• Distinguished Service Award, Utah Chapter Federal Bar Association (2015)
• Utah State Bar Committee of the Year (Civics Education Committee) (2014)
• Utah Legal Elite: Civil Litigation (2018, 2021), Business Litigation (2014)
• Super Lawyers National: Business Litigation (2013)

• Board Member, Utah Chapter Federal Bar Association (2003-2015)
• Chair, Utah State Bar Succession Planning Committee (2013-2015)
• Co-Chair, Utah State Bar Civics Education Committee (2012-2014)
• Mentor, Utah State Court Mentoring Program (2011, 2014)
• President, Utah Chapter Federal Bar Association (2011)