Profile
Kate Benveniste is a versatile commercial litigator with a particular focus on franchise law and other business disputes. She regularly handles disputes involving claims for breach of contract, including breach of franchise agreements, breach of license agreements, and breach of distribution agreements, enforcement of restrictive covenants, including non-compete clauses, trademarks, fraud, misrepresentation, and breach of fiduciary duty.
Kate’s practice also includes pre-litigation risk assessment and advice. She routinely advises franchisors regarding franchisee default issues, franchise and distributor terminations, commercial leases, and litigation-prevention strategies. She also often works in tandem with transactional counsel to evaluate risk and ensure litigation readiness in connection with M&A disputes, franchise transfers, and system changes.
Kate’s practical approach to dispute resolution, no matter the industry, is one that balances advocacy with an appreciation for the client’s business operations and structure. She works closely with clients to understand their objectives, protect brand integrity, and, when possible, avoid litigation through negotiation or early resolution.
In addition to her franchise work, Kate has broad experience representing clients in real estate-related disputes, including those involving commercial leases, purchase and sale agreements, and loan agreements.
Prior to practicing law, Kate was the Assistant Director of Admissions and Financial Aid at USC Law School.
Capabilities
Experience
- Won seven-figure judgment after first chairing trial in commercial sublease dispute between tenant and subtenant.°
- Defeated receivership action brought by lender against major hotel brand following loan default.°
- Defeated eviction action on behalf of post-secondary school faced with ouster from downtown flagship campus.°
- Negotiated favorable settlement on behalf of commercial landlord against former national restaurant tenant and affiliated entity in action involving claims for breach of lease and fraudulent transfer.°
- Negotiated favorable settlement on behalf of luxury residential property developer in action brought by buyer alleging violation of the Interstate Land Sales Full Disclosure Act and Colorado Consumer Protection Act.°
- Negotiated complex temporary lease assignments on behalf of franchisor after obtaining temporary restraining order and preliminary injunction against franchisee.°
- Obtained vexatious litigant order on behalf mortgage lender in response to serial actions brought by borrower asserting claims for quiet title and wrongful foreclosure.°
- Obtained permanent injunction and six-figure fee award on behalf of franchisor against franchisee in federal court action arising from franchisee’s breach of the parties’ franchise agreement.°
- Defended franchisor in multiple actions nationwide alleging violations of the Trafficking Victims Protection Reauthorization Act.°
- Negotiated favorable settlement on behalf of franchisor in arbitration brought by former employee alleging violation of the Fair Labor Standards Act.°
- Negotiated favorable individual settlement on behalf of retailer in putative class action alleging claims under Florida’s Telephone Solicitation Act.°
- Obtained dismissal with prejudice and fee award on behalf of dietary supplement retailer in Lanham Act case brought by patent troll.°
- Represented medical device manufacturer in connection with civil investigative demand brought pursuant to the False Claims Act, resulting in no action.°
- Defended a pharmaceutical manufacturer in multiple actions brought in state and federal courts asserting nuisance, RICO, and consumer fraud claims.°
°The above representations were handled by Ms. Benveniste prior to her joining Greenberg Traurig, LLP.
Recognition & Leadership
- Listed, Super Lawyers magazine, Southwest Rising Star, 2013
- Member, International Franchise Association
- Member, The Sedona Conference, 2019-Present
- Board Member, Phoenix Women’s Sports Association, 2013-2015
Credentials
- J.D., Arizona State University Sandra Day O'Connor College of Law
- B.A., University of Washington
- Arizona
- California
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Arizona
- U.S. District Court for the District of Colorado
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California