Photo of Ben  Hathaway

Ben Hathaway

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

Related Info

Ben 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. 


  • 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.



University of Puget Sound, J.D., December 1983

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

Bar Admissions

  • Utah, April 1984
Other Admissions
  • United States Court of Appeals for the Tenth Circuit
  • 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 since (2002)
  • 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), Business Litigation (2014)
  • Super Lawyers National: Business Litigation (2013)
  • Mountain States Super Lawyer: Business Litigation (2012 - 2018)
  • Best Lawyers: Commercial Litigation (2013 - 2020) and First Amendment Litigation (2015 - 2020)


Utah Bar Association

Federal Bar Association

Salt Lake County Bar Association


President Utah Chapter Federal Bar Association (2011)

Board Member Utah Chapter Federal Bar Association (2003-2015)

Mentor, Utah State Court Mentoring Program (2011, 2014)

Co-Chair Utah State Bar Civics Education Committee (2012-2014)

Chair Utah State Bar Succession Planning Committee (2013-2015)