Nancy H. Baughan

Nancy H. Baughan

Partner | Atlanta Office
nbaughan@phrd.com
T: (404) 420-4309
F: (678) 533-7725
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Practice Group

Services

Education

  • Washington and Lee University - (B.A., magna cum laude)
  • Vanderbilt University School of Law - (J.D., 1993)

Admitted to Practice

  • Georgia

About Nancy

Nancy focuses her practice on complex business litigation, with an emphasis in the areas of banking, consumer finance, securities, real estate, tort, products liability, and data security and privacy. Nancy has successfully represented clients in jury trials, bench trials, and appeals in state and federal courts. Nancy also has significant experience in representing clients in arbitrations before the NASD and NYSE (now FINRA) and AAA and in mediations and other types of ADR processes.

 

Nancy is experienced in handling all aspects of business litigation for her clients. Nancy's representation in defending businesses has encompassed a wide variety of legal issues, including UCC issues, breach of contract, breach of fiduciary duty, fraud, conversion, negligence, malicious prosecution, defamation, RICO, TILA, RESPA, ERISA, negligent design and manufacture of products, trade secrets protection, enforcement and defense of restrictive covenants, consumer privacy protection, premises liability, and various other statutory and common law causes of action. Nancy also has significant experience in representing securities broker-dealers in cases brought by investors under the federal and state securities laws as well as common law.

 

Nancy currently serves as litigation counsel to the two largest national banking associations and the two largest state-chartered banks operating in Georgia and serves as regional products liability defense counsel for a major manufacturer and distributor of consumer electronics.

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Professional and Civic Involvement

  • Serves on the Firm's Diversity Committee and Recruiting Committee
  • Recognized by Atlanta Bar Association for sustained participation in pro bono matters
  • Selected as one of "Top 50," a group of lawyers and paralegals recognized by the Atlanta Volunteer Lawyers Foundation for consistent and superior pro bono work
  • Provided pro bono representation to a Georgia death row inmate throughout multi-year federal habeas corpus proceedings
  • Bleckley Inn of Court, Barrister, 1999-2001
  • State Bar of Georgia
  • Atlanta Bar Association
  • Georgia Association of Women Lawyers
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Honors

  • Selected as one of Georgia's "Rising Stars" by Law & Politics Media and Atlanta Magazine, 2005 and 2007
  • Law Clerk to Hon. Kenneth L. Ryskamp, U.S. District Court, Southern District of Florida, 1993-1994

Representative Engagements

  • Currently representing largest national banking associations and largest state-chartered banks operating in Georgia in numerous lawsuits raising UCC, FCRA, conversion, negligence, breach of contract, breach of fiduciary duty, fraud, and defamation issues.
  • Currently representing various lenders in mortgage-related litigation, including allegations of wrongful foreclosure, fraudulent appraisal, discriminatory lending, RICO violations, and violations of TILA, RESPA, FCRA and other state and federal consumer protection statutes.
  • Currently representing broker/dealer in numerous FINRA arbitrations involving high-yield mutual funds that were adversely affected by the credit crisis that began in the summer of 2007.
  • Successfully represented lender in RICO action involving multiple residential mortgage transactions.
  • Successfully represented major financial institution in lawsuit arising from commercial mortgage-backed securities transaction.
  • Successfully counseled various clients on issues arising from breaches of security concerning sensitive personal data.
  • Successfully represented numerous broker-dealers in NYSE and NASD arbitrations involving claims of unsuitability, misrepresentation, and securities fraud relating to various stock, bond, option, and limited partnership investments.
  • Successfully represented securities broker-dealer in NASD arbitration involving claims of libel, slander, wrongful termination and violations of the Georgia Trade Secrets Act.
  • Successfully represented manufacturers in lawsuits alleging negligent design and manufacture of products.
  • Successfully represented major manufacturer of consumer electronics in multi-defendant wrongful death lawsuit, which raised issues of insurance coverage, contract interpretation, contractual and common law indemnification obligations, negligence, and punitive damages.
  • Successfully represented large credit card processor in a complex commercial dispute concerning credit card processing agreement with a major bank-issuer.
  • Successfully represented a manufacturer of credit card devices in a case brought by a national retail chain in federal court in Tennessee alleging breach of a purchase contract and fraud.
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Publications and Presentations

  • Author: "Recent Development, White v. Illinois:  The Confrontation Clause and the Supreme Court's Preference for Out-of-Court Statements," 46 Vanderbilt Law Review 235, Jan. 1993
 
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