Nancy Baughan to speak at the upcoming AtlAS Conference
Aug 27, 2019
nancy h. baughan
Partner
Atlanta
Recognized as a leading Commercial Litigation Practitioner
The Best Lawyers in America® (2019)
Overview
Nancy Baughan thrives on guiding her clients through complex litigation 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 matters. She has successfully defended banks facing class action and other large dollar exposures, dealt extensively with insurance broker professional liability issues, and litigated the numerous contractual, consumer regulatory, and tortious claims.
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.
Experience
- 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.
- 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.
Thought Leadership
- Moderator: "Tertulia Session: Choosing an Institution," Atlanta International Arbitration Society Annual Meeting (September 2019)
- Presenter: "New Year/New Challenges: Hot Topics for In-House Counsel in 2019," Georgia Chapter of the Association of Corporate Counsel (January 2019)
- Panelist: "Developing Your Legal Practice and Your Personal Brand: Tips From In-House Counsels and Law Firm Partners," Georgia Diversity Program Symposium (April 2018)
- Presenter: "Bulletproofing Your Expert," Georgia Foundations and Objections ICLE Seminar (February 2017)
- Presenter: "From Cost Center to Profit Center: Strategies for the Legal Department to Successfully Recover Income," Georgia Chapter of the Association of Corporate Counsel (November 2016)
- 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
Areas of Focus
- Financial Services
- Manufacturing
- Professional Services
- Alternative Dispute Resolution
- Appellate Litigation
- Business Torts & Unfair Competition
- Commercial Disputes
- Consumer Class & Mass Action Defense
- Fiduciary Litigation
- Financial Services Litigation
- Insurance Coverage Litigation
- Intellectual Property & Restrictive Covenants
- Privacy & Data Security
- Product Liability Defense
- Professional Liability
Education
- Vanderbilt University School of Law (J.D., 1993) Articles Editor, Vanderbilt Law Review, 1992-1993
- Washington and Lee University (B.A., magna cum laude, 1990)
Accolades
- Recognized as a leading Commercial Litigation Practitioner by The Best Lawyers in America© (2019, 2020)
- Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM
- Law Clerk to Hon. Kenneth L. Ryskamp, U.S. District Court, Southern District of Florida, 1993-1994
- Selected as one of Georgia's "Rising Stars" by Law & Politics Media and Atlanta Magazine, 2005 and 2007
Professional Affiliations
- Leadership Atlanta Class of 2020
- Board Member, Atlanta Volunteer Lawyers Foundation
- Recognized by Atlanta Bar Association for sustained participation in pro bono matters
- Chair of Firm's Recruiting Committee
- 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, Master (2019-present), Barrister (1999-2001)
- State Bar of Georgia
- Atlanta Bar Association
- American Bar Association
Admitted to Practice
- Georgia