Photo of Ben  Hathaway

Ben Hathaway

Kirton McConkie Building
50 East South Temple
Suite 400
Salt Lake City, UT 84111

Related Info

Mr. Hathaway is a member of the firm's Litigation, Trials and Appeals section. He has 30 years of experience as a trial lawyer resolving complex commercial cases and related appeals and providing general legal counsel. He joined Kirton McConkie in 2002 where he has served as Chair of the firm's Business Litigation section and as a member of its Board of Directors.

Mr. Hathaway is recognized as one of Utah's Legal Elite and a Mountain States Super Lawyer for business litigation. He was recognized by The Federal Bar
Association Utah Chapter with the 2015 Distinguished Service Award.


  • Trial and general counsel for: (1) developers, general contractors, subcontractors and suppliers, (2) healthcare management organizations, hospitals, healthcare facility owners and physicians, (3) state-wide public employees association and (4) counties, cities, improvement districts, and special service districts.
  • 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 and Idaho, and in the State Courts of California, Nevada, Idaho and Wyoming.
  • 25 years of experience in Alternative Dispute Resolution including Arbitration, Mediation and Negotiation.


University of Puget Sound, J.D., 1983

University of Utah, B.A. Humanities, cum laude, 1981

Bar Admissions

  • Utah, 1984
Other Admissions
  • United States Court of Appeals for the Tenth Circuit
  • Utah State Bar, April 1984
  • United States District Court for District of Utah
  • United States Circuit Court for the Tenth Circuit
  • U.S. Court of Claims
  • United States District Court for District of Eastern Michigan

Honors & Awards

  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Utah Legal Elite: Civil Litigation (2014), Business Litigation
  • Super Lawyers national: Business Litigation (2013)
  • Mountain States Super Lawyer: Business Litigation (2012 - 2016)
  • President Utah Chapter Federal Bar Association (2011)
  • Mentor, Utah State Court Mentoring Program (2011)
  • Best Lawyers: Commercial Litigation (2013 - 2016) and First Amendment Litigation (2016, 2015)


Utah Chapter Board Member, Federal Bar Association

  • 2004-present
  • President, 2011

Salt Lake County Bar Association

Constitutional Committee Utah State Bar, Co-Chair, 2012 to present

Chair, Practice Succession Planning Committee, Utah State Bar, 2014