James A. Hemphill Shareholder Media, First Amendment and Public Access Technology Trial Litigation Appellate Law Internet and Information Security Intellectual Property Direct Phone: 512.480.5762 Direct Fax: 512.536.9907 E-mail: jhemphill@gdhm.com Download vCard

Jim Hemphill, a former print and television journalist, focuses on First Amendment, media law and general business litigation. He has participated in the successful libel defense of a variety of media organizations, including The Wall Street Journal and the Austin American-Statesman, and has represented individuals and businesses in a wide variety of commercial litigation matters on both sides of the docket. He has also been involved in music copyright infringement cases for local and national recording artists.

Mr. Hemphill is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.

Nature of Practice:

• Focus on commercial litigation at trial and appellate levels
• First Amendment and constitutional law, libel and defamation, invasion of privacy, open records and meetings, copyright, tortious interference with contract, and other communications torts
• Appellate practice in state and federal courts
• Commercial litigation including partnership disputes, investor rights, deceptive trade practices, and corporate issues

Representative Experience

• Isaacks v. New Times: Lead counsel for alternative weekly newspaper in libel case in which the Texas Supreme Court confirmed the constitutional protection of political satire
• Texas Disposal Systems Landfill v. Waste Management: Jury trial resulting in finding of liability against opposing party in dispute between marketplace competitors
• Atwater v. City of Lago Vista: Primary author of merits brief in United States Supreme Court for prevailing party in Fourth Amendment case
• McElroy, et al. v. Pohl: Extensively litigated case involving alleged fraud in real estate partnerships; negotiated seven-figure settlement for clients
• Basic Capital Management v. Dow Jones: Involved in defending libel case against The Wall Street Journal, including primary responsibility for drafting successful summary judgment motion and successful appellate pleadings

Professional Qualifications

Admitted to practice by the Texas Supreme Court in all Texas state courts.
Admitted to practice before the United States Supreme Court, the U.S. Court of Appeals for the Fifth Circuit, and all federal district courts in Texas.