Nancy H. Baughan

Nancy H. Baughan

Partner | Atlanta Office
nbaughan@phrd.com
T: (404) 420-4309
F: (404) 522-8409
 

Practice Group(s)

Services

Education

  • Washington and Lee University - (B.A., magna cum laude, 1990)
  • Vanderbilt University School of Law - (J.D., 1993) Articles Editor, Vanderbilt Law Review, 1992-1993

Admitted to Practice

  • Georgia



 

About Nancy

Nancy focuses her practice on complex business litigation, with an emphasis in the areas of banking, consumer finance, insurance services, securities, real estate, tort, 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 FINRA and the 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, RICO, TILA, RESPA, ERISA, TCPA, malicious prosecution, defamation, insurance broker professional liability, trade secrets protection, enforcement and defense of restrictive covenants, consumer privacy protection, premises liability, and products liability. 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 a large national banking association and the two largest state-chartered banks operating in Georgia.

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Representative Engagements

  • 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.
  • Representing various banks operating in Georgia in numerous lawsuits raising UCC, TCPA, FCRA, conversion, negligence, breach of contract, breach of fiduciary duty, fraud, false arrest, malicious prosecution, and defamation issues.
  • Representing national insurance broker in professional liability litigation.
  • Representing product manufacturer relating to power outage at a major international airport.
  • Successfully represented client in litigation to prevent disappointed corporate suitor from violating non-disclosure agreement in connection with a billion dollar merger and acquisition transaction.
  • Representing national insurance broker in professional liability litigation.
  • Represented national bank in successfully vacating $950 million default judgment and obtained award of attorneys' fees against plaintiffs and their counsel.
  • Jury defense verdict for national bank in malicious prosecution action.
  • Jury defense verdict for national bank in consumer deposit account action.
  • 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 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 alleging breach of a purchase contract and fraud.
  • Successfully counseled various clients on issues arising from data breaches concerning sensitive personal data.
  • Successfully represented broker/dealer in numerous FINRA arbitrations involving high-yield mutual funds.
  • 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.
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Professional and Civic Involvement

  • Board Member, Atlanta Volunteer Lawyers Foundation
  • Recognized by Atlanta Bar Association for sustained participation in pro bono matters
  • Co-chair of Firm's Recruiting Committee and Member of Firm's Diversity 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, Barrister, 1999-2001
  • State Bar of Georgia
  • Atlanta Bar Association
  • American Bar Association
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Honors

  • 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

Publications and Presentations

  • 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
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