SERVICE AREAS

Commercial Litigation
Financial Institutions
Franchise & Distribution
Professional Liability
Real Estate
Appellate

EDUCATION

  • SMU Dedman School of Law, J.D., 2011
  1. SMU Law Review Association, Executive Board Member
  2. Journal of Air Law and Commerce, Managing Editor
  • University of Wisconsin, Ph.D., Classics, 2008
  • University of Oregon, M.A., 2004
  • The University of Texas, B. A., 2001

BAR ADMISSIONS

  • Texas

COURT ADMISSIONS

  • U.S. Districts Courts for the Northern, Eastern, Southern, and Western Districts of Texas
  • U.S. Court of Appeals for the Fifth Circuit

SUPPORT STAFF

Jeanne Beales
Legal Administrative Assistant
T: 214.651.4527
E: jeanne.beales@strasburger.com

Tate Hemingson

Associate

901 Main Street
Suite 6000
Dallas, Texas 75202
T: 214.651.4714
F: 214.659.4118
E: tate.hemingson@strasburger.com

    
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Tate Hemingson focuses his practice on finding effective, efficient, and creative resolutions to disputes and legal issues. He is an experienced litigator as both plaintiff and defense counsel.  Tate regularly guides clients through pre-suit demands and negotiations, injunctive relief, trials, and enforcement and collection of judgments, always keeping in focus the client’s best interests and objectives.  Tate is also a member of Strasburger’s appellate team and advises on complex procedural and legal issues and conducts appeals before both state and federal appellate courts.

Tate represents a variety of clients – multi-national corporations, financial institutions, law firms, landlords and tenants, and individuals – in a broad range of business, contractual, franchise, and real estate matters, as well as business torts and professional negligence claims.  In addition to general business disputes, he frequently assists financial institutions in enforcing loans, collecting foreclosure deficiencies, and defending foreclosure rights.  He also assists landlords and tenants with lease disputes and other property issues.

Tate also helps both clients and his partners at Strasburger navigate the often complex and burdensome world of e-discovery by crafting efficient, cost-effective, and defensible methods of information preservation, collection, review, and production.  He keeps up-to-date on the evolving state and federal law on discovery standards, technological tools, and best practices and methods to ensure efficient document management and e-discovery.

EXPERIENCE

COMMERCIAL LITIGATION MATTERS

  • Represented sellers in post-acquisition dispute over wrongful withholding of escrow funds in Delaware court.
  • Obtained temporary restraining order requiring turnover of important documents and information related to a breach of contract.
  • Represented national importer and distributor in complicated case involving competing claims of breach of contract, fraud, and tortious interference stemming from dispute over multi-year import agreement.
  • Represented various businesses and individuals in prosecuting and defending against breach of contract and business tort claims.
  • Defended manufacturers against product defect and liability claims in state and federal court.
  • Defended law firms and other professionals against malpractice and negligence claims.
  • Prepared expert reports on the recoverability and reasonableness of attorney’s fees for both plaintiff and defense.
  • Pursued multiple garnishment actions and judgment collection against debtors.

FINANCIAL LITIGATION MATTERS

  • Obtained $1.7 million summary judgment in federal court against borrower and guarantor for recovery of post-foreclosure deficiencies following default on commercial loans, successfully defending against multiple counterclaims and defenses raised by borrower and guarantor.
  • Represented financial institutions in state and federal court enforcing commercial loans and guaranties and collecting post-foreclosure deficiencies from borrowers and guarantors with particular experience in Texas’ anti-deficiency statute.
  • Defended financial institutions against injunctive relief sought by borrowers to prevent foreclosure.
  • Represented banks in multiple garnishment actions to ensure legal compliance and protect bank’s interests.

FRANCHISE MATTERS

  • Defended multi-national corporation against claims of wrongful termination of franchise agreement following an acquisition of competitor.
  • Second-chaired defense of national health-care industry franchisor in multi-week arbitration against franchisee claims of territory interference and breach of the franchise agreement, obtaining satisfactory result for franchisor.
  • Counseled multi-unit franchisee of national franchisor with negotiating terms of area development agreement, store leases, and modifications and amendments to franchise agreements.

REAL ESTATE AND RETAIL MATTERS

  • Represented landlords and tenants in disputes over lease terms, compliance, and allowed usage, seeking business-oriented solutions where possible.
  • Represented oil and gas company in post-acquisition dispute over conveyance of interests in hundreds of wells.
  • Represented real estate buyers and sellers against claims for misrepresentation and Deceptive Trade Practice Act violations.

APPELLATE MATTERS

  • Led appeal of temporary injunction preventing property owner’s specific use of property.
  • Drafted appellate briefs on issues of untimely disclosure of expert witnesses and factual and legal sufficiency of damages.
  • Drafted brief successfully defending arbitration award from attack on multiple grounds.  Infinity Capital II, LLC v. Strasburger & Price, LLP, No. 01-15-00691-CV, 2016 Tex. App. LEXIS 8673 (Tex. App.—Houston [1st Dist.] Aug. 11, 2016, pet. denied).
  • Drafted appellee brief successfully defending grant of final summary judgment by state trial court.  TCI Luna Ventures, LLC v. Branch Banking & Trust Co., No. 05-13-01221, 2015 Tex. App. LEXIS 9078 (Tex. App.—Dallas Aug. 27, 2015).
  • Co-writer of brief in successful appeal before the Fifth Circuit Court of Appeals reversing dismissal of suit for lack of subject matter jurisdiction for banking client.  Eagle TX I SPE, LLC v. Sharif & Munir Enterprises, Inc. et al., No. 14-10353, 2015 U.S. App. LEXIS 2816 (5th Cir. February 23, 2015).
  • Successfully defended dismissal of breach of contract claim against pastor on First Amendment grounds.  Reese v. Gen. Assembly of Faith Cumberland Presbyterian Church in Am., 425 S.W.3d 625 (Tex. App.—Dallas 2014, no pet.).
  • Secured reversal of temporary injunction preventing bank foreclosure of commercial properties.  Branch Banking & Trust Co. v. TCI Luna Ventures, LLC, No. 05-12-00653-CV, 2013 Tex. App. LEXIS 4538, 2013 WL 1456651 (Tex. App.—Dallas Apr. 9, 2013).
  • Dallas Bar Association
  1. Franchise & Distribution Section, Chair (2016)
  2. Litigation Section
  3. Appellate Section
  • Lake Highlands Exchange Club
  1. Member
  • Co-presenter.  Recent Developments in Franchise Case Law, Dallas Bar Association’s Franchise and Distribution Section (February 2017)
  • Named among Texas Super Lawyers Rising Stars by Thompson and Reuters (2016-2018)

Tate Hemingson focuses his practice on finding effective, efficient, and creative resolutions to disputes and legal issues. He is an experienced litigator as both plaintiff and defense counsel.  Tate regularly guides clients through pre-suit demands and negotiations, injunctive relief, trials, and enforcement and collection of judgments, always keeping in focus the client’s best interests and objectives.  Tate is also a member of Strasburger’s appellate team and advises on complex procedural and legal issues and conducts appeals before both state and federal appellate courts.

Tate represents a variety of clients – multi-national corporations, financial institutions, law firms, landlords and tenants, and individuals – in a broad range of business, contractual, franchise, and real estate matters, as well as business torts and professional negligence claims.  In addition to general business disputes, he frequently assists financial institutions in enforcing loans, collecting foreclosure deficiencies, and defending foreclosure rights.  He also assists landlords and tenants with lease disputes and other property issues.

Tate also helps both clients and his partners at Strasburger navigate the often complex and burdensome world of e-discovery by crafting efficient, cost-effective, and defensible methods of information preservation, collection, review, and production.  He keeps up-to-date on the evolving state and federal law on discovery standards, technological tools, and best practices and methods to ensure efficient document management and e-discovery.

EXPERIENCE

COMMERCIAL LITIGATION MATTERS

  • Represented sellers in post-acquisition dispute over wrongful withholding of escrow funds in Delaware court.
  • Obtained temporary restraining order requiring turnover of important documents and information related to a breach of contract.
  • Represented national importer and distributor in complicated case involving competing claims of breach of contract, fraud, and tortious interference stemming from dispute over multi-year import agreement.
  • Represented various businesses and individuals in prosecuting and defending against breach of contract and business tort claims.
  • Defended manufacturers against product defect and liability claims in state and federal court.
  • Defended law firms and other professionals against malpractice and negligence claims.
  • Prepared expert reports on the recoverability and reasonableness of attorney’s fees for both plaintiff and defense.
  • Pursued multiple garnishment actions and judgment collection against debtors.

FINANCIAL LITIGATION MATTERS

  • Obtained $1.7 million summary judgment in federal court against borrower and guarantor for recovery of post-foreclosure deficiencies following default on commercial loans, successfully defending against multiple counterclaims and defenses raised by borrower and guarantor.
  • Represented financial institutions in state and federal court enforcing commercial loans and guaranties and collecting post-foreclosure deficiencies from borrowers and guarantors with particular experience in Texas’ anti-deficiency statute.
  • Defended financial institutions against injunctive relief sought by borrowers to prevent foreclosure.
  • Represented banks in multiple garnishment actions to ensure legal compliance and protect bank’s interests.

FRANCHISE MATTERS

  • Defended multi-national corporation against claims of wrongful termination of franchise agreement following an acquisition of competitor.
  • Second-chaired defense of national health-care industry franchisor in multi-week arbitration against franchisee claims of territory interference and breach of the franchise agreement, obtaining satisfactory result for franchisor.
  • Counseled multi-unit franchisee of national franchisor with negotiating terms of area development agreement, store leases, and modifications and amendments to franchise agreements.

REAL ESTATE AND RETAIL MATTERS

  • Represented landlords and tenants in disputes over lease terms, compliance, and allowed usage, seeking business-oriented solutions where possible.
  • Represented oil and gas company in post-acquisition dispute over conveyance of interests in hundreds of wells.
  • Represented real estate buyers and sellers against claims for misrepresentation and Deceptive Trade Practice Act violations.

APPELLATE MATTERS

  • Led appeal of temporary injunction preventing property owner’s specific use of property.
  • Drafted appellate briefs on issues of untimely disclosure of expert witnesses and factual and legal sufficiency of damages.
  • Drafted brief successfully defending arbitration award from attack on multiple grounds.  Infinity Capital II, LLC v. Strasburger & Price, LLP, No. 01-15-00691-CV, 2016 Tex. App. LEXIS 8673 (Tex. App.—Houston [1st Dist.] Aug. 11, 2016, pet. denied).
  • Drafted appellee brief successfully defending grant of final summary judgment by state trial court.  TCI Luna Ventures, LLC v. Branch Banking & Trust Co., No. 05-13-01221, 2015 Tex. App. LEXIS 9078 (Tex. App.—Dallas Aug. 27, 2015).
  • Co-writer of brief in successful appeal before the Fifth Circuit Court of Appeals reversing dismissal of suit for lack of subject matter jurisdiction for banking client.  Eagle TX I SPE, LLC v. Sharif & Munir Enterprises, Inc. et al., No. 14-10353, 2015 U.S. App. LEXIS 2816 (5th Cir. February 23, 2015).
  • Successfully defended dismissal of breach of contract claim against pastor on First Amendment grounds.  Reese v. Gen. Assembly of Faith Cumberland Presbyterian Church in Am., 425 S.W.3d 625 (Tex. App.—Dallas 2014, no pet.).
  • Secured reversal of temporary injunction preventing bank foreclosure of commercial properties.  Branch Banking & Trust Co. v. TCI Luna Ventures, LLC, No. 05-12-00653-CV, 2013 Tex. App. LEXIS 4538, 2013 WL 1456651 (Tex. App.—Dallas Apr. 9, 2013).

ORGANIZATIONS

  • Dallas Bar Association
  1. Franchise & Distribution Section, Chair (2016)
  2. Litigation Section
  3. Appellate Section
  • Lake Highlands Exchange Club
  1. Member

PRESENTATIONS

  • Co-presenter.  Recent Developments in Franchise Case Law, Dallas Bar Association’s Franchise and Distribution Section (February 2017)

PUBLICATIONS

HONORS

  • Named among Texas Super Lawyers Rising Stars by Thompson and Reuters (2016-2018)
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