Ben Hathaway is a trial lawyer. For over 35 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. 

  • aSuper Lawyers 2019
  • Top 100 Bet the Company Litigators 2019


  • 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.

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