Overview
Keith Bensten is a seasoned civil litigator who represents companies of all sizes—as well as individuals—in complex commercial litigation in state and federal courts in Massachusetts and nationwide. He has represented clients across a broad range of industries, including life sciences, insurance broking, real estate, manufacturing, construction, and telecommunications.
Keith regularly represents majority and minority shareholders in closely held corporations in disputes involving shareholder rights and breach of fiduciary duty claims.
His employment practice focuses on the recruiting and departure arena. He advises clients on the enforceability of non-competition, non-solicitation, confidentiality, and other post-employment restrictive covenants under state law in multiple jurisdictions. He also litigates these issues on behalf of both employers and employees.
In addition, Keith represents clients in construction and real estate disputes.
Keith maintains an active pro bono practice and serves on the firm’s Pro Bono Committee. He has represented clients in matters involving First Amendment and religious liberty issues in the local government context.
Before entering private practice, Keith served as a law clerk to Justice LeRoy F. Millette, Jr. of the Supreme Court of Virginia.
Experience
No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome.
Served on the Defense Coordinating Committee in a Multi-District Litigation matter involving thousands of cases asserting product liability and other claims involving PFAS
Obtained a favorable verdict in a multi-day bench trial in the Massachusetts Business Litigation Session on behalf of a life sciences company on claims for breach of contract and violation of Massachusetts’ unfair trade practices statute
Secured summary judgment for insurance brokers against a financial services firm seeking an eight-figure recovery on a "failure to procure" claim
Acted as first chair in a week-long AAA arbitration and obtained a favorable outcome in a commercial dispute involving a video production project
Represented owners in litigation and AAA matters involving construction claims for public and private projects
Obtained favorable outcomes in multiple actions asserting defamation claims for false statements posted online
Represented companies in a multi-week arbitration matter involving commercial claims in the telecommunications industry
Represented a large insurance company in more than a dozen cases enforcing post-employment restrictive covenants against former employees in various state and federal courts throughout the country
Obtained temporary restraining orders and preliminary injunctions in several cases enforcing post-employment restrictive covenants
First chair and second chair in numerous trials involving land use matters, declaratory judgments, and local government law
Represented a large bank in multiple cases enforcing post-employment restrictive covenants and asserting various common law and statutory causes of action against former employees
Represented a majority shareholder and a corporation in a heavily litigated close corporation dispute in the Massachusetts Superior Court Business Litigation Session
Represented multiple financial services firms in several Financial Industry Regulatory Authority (FINRA) arbitrations involving customer disputes, misappropriation of trade secrets, and raiding claims
Represented a physician and his practice group in a dispute with shareholders from his former practice
Represented a law firm in an action against a former associate who took multiple client matters from the firm prior to his departure
Briefed and argued an appeal in the Supreme Court of Virginia in a land use matter
Education and Credentials
Education
- William & Mary Law School, J.D., 2008, William & Mary Environmental Law Policy Review, Articles Editor
- University of Virginia, B.A., 2004
Admissions
- Commonwealth of Massachusetts
- U.S. District Court, District of Massachusetts
Affiliations
- Boston Bar Association
- Federal Bar Association, Massachusetts Chapter
- Boston American Inn of Court, Past member
- Boston Lawyers Group, Past mentor
Recognition and Community
No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome. See Awards Methodology.
Recognitions
Selected to the list of Boston Super Lawyers® Rising Stars, Business Litigation, 2022-2024
News & Insights
Thought Leadership
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FinCEN Imposes CTA Reporting on Certain Dissolved Entities, July 12, 2024 -
Corporate Transparency – Where Are We Now?, April 23, 2024 -
FTC Takes Historic Action Against the Enforcement of Non-Compete Agreements, January 17, 2023 -
Massachusetts Paid Family and Medical Leave Act Provisions Go Into Effect on January 1, 2021, December 29, 2020 -
Massachusetts High Court Trebles Unpaid Future Commissions Under the Wage Act, July 30, 2020
News
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Eleven Day Pitney Attorneys Elevated to Firm Partnership for 2023, January 3, 2023 -
Keith H. Bensten, January 3, 2023
In The Media
Media Mentions
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Truro Stops Enforcing Sign Bylaw, The Provincetown Independent , May 29, 2024 -
Promotions, Massachusetts Lawyers Weekly, January 20, 2023 -
Day Pitney Elevates 11 To Partner, Law360 Pulse, January 3, 2023 -
Providence Lawyer Emma Becker Named Partner at Day Pitney, Providence Business First, January 3, 2023 -
Eleven Day Pitney Attorneys Elevated to Firm Partnership in 2023, The Boca Raton Tribune, January 4, 2023