Nancy Baughan thrives on guiding her clients through complex litigation and arbitration matters. Her tireless, in-depth approach drives client confidence, leading to excellent outcomes across the board. Nancy has a strong track record of finding creative ways to win for her clients via dispositive motions, in trial and arbitration, and on appeal.
Nancy has honed her skills in representing financial institutions and public and private companies in a wide range of litigation and arbitration matters. She has successfully defended banks facing class action and other large dollar exposures, guided insurance brokers against professional liability issues, litigated the numerous contractual, consumer regulatory, and tortious claims and handled cross-border business disputes, including international arbitration proceedings and related litigation.
Nancy is a problem-solver who seeks real-world, business-focused solutions for her clients. When a negotiated resolution is not possible, Nancy takes a strategic approach to aggressively and effectively achieve the best litigated result for her clients. With her wealth of experience and proactive style, Nancy is the go-to litigation counsel for large national and regional banks, product manufacturers, insurance brokers, and other companies.
Successfully defended two major banks against claims in excess of $500 million as part of the nationwide Checking Account Overdraft Litigation MDL and obtained complete dismissals after four years of litigation before federal district courts, the Eleventh Circuit, and the United States Supreme Court. Claims against both banks ultimately were dismissed.
Represented one of nation's largest insurance brokers in lawsuit against major competitor and disappointed corporate suitor in the Delaware Court of Chancery asserting breach of a Confidentiality Agreement. Our strategy prevented unlawful poaching and allowed the sale transaction to a different competitor to close.
Represented Global Fortune 200 industrial product manufacturer in multi-million dollar cross-border vendor dispute with competing actions in the ICC and HKIAC, and an emergency ICC arbitration and federal court injunction proceeding to enforce forum selection provisions.
Representing product manufacturer relating to power outage at a major international airport.
Represented national bank in successfully vacating $950 million default judgment and obtained award of attorneys' fees against plaintiffs and their counsel.
Represented a national insurance broker in litigation arising out of an aircraft insurance policy relating to a fatal crash in DR Congo. Obtained complete dismissal from Delaware Superior Court on motion to dismiss. After oral argument, the Delaware Supreme Court affirmed.
Representing various national and regional banks in Georgia in lawsuits raising UCC, TCPA, FCRA, RICO, UDAP, conversion, negligence, breach of contract, breach of fiduciary duty, fraud, false arrest, malicious prosecution, and defamation issues.
Jury defense verdict for national bank in malicious prosecution action.
Jury defense verdict for national bank in consumer deposit account action.
Successfully represented a manufacturer of credit card devices in a case brought by a national retail chain alleging breach of a purchase contract and fraud.
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.
Southeastern regional counsel for manufacturer of consumer electronics in lawsuits alleging negligent design and manufacture of products.
Obtained a favorable ruling from the Eleventh Circuit Court of Appeals, affirming in its entirety an order by the United States District Court for the Northern District of Georgia, dismissing with prejudice all of the plaintiff-borrower's claims against one of the firm's bank clients. The trial and appellate courts both held that the plaintiff-borrower could not state a private right of action under the federal government's Home Affordable Modification Program (HAMP).
Successfully represented large credit card processor in a complex commercial dispute concerning credit card processing agreement with a major bank-issuer.
Successfully represented numerous broker-dealers in FINRA 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 FINRA arbitration involving claims of libel, slander, wrongful termination and violations of the Georgia Trade Secrets Act.
Advised healthcare provider in connection with theft of vendor laptop computers containing unencrypted personal information.