Nancy H. Baughan

Listed in Chambers USA, Litigation: General Commercial, 2022-2023 Listed in The Best Lawyers in America®, Commercial Litigation, 2019-2024 Listed in ALM Media, “Woman Leader in the Law,” 2020 Listed in Georgia Super Lawyers, 2005, 2007 Martindale-Hubbell® AV Preeminent Rated Successfully defended two major banks against claims in excess of $500 million as part of a nationwide checking account overdraft MDL and obtained complete dismissals after four years of litigation before federal district courts, the 11th Circuit, and the U.S. Supreme Court. Claims against both banks were ultimately dismissed. Represented one of nation's largest insurance brokers in a lawsuit against a major competitor and disappointed corporate suitor in the Delaware Court of Chancery asserting breach of a confidentiality agreement. Prevented unlawful poaching and allowed the sale transaction to a different competitor to close. Represented Global Fortune 200 industrial product manufacturer in a multimillion-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 the 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 11th Circuit Court of Appeals, affirming in its entirety an order by the U.S. District Court for the Northern District of Georgia, dismissing with prejudice all of the plaintiff-borrower's claims against a bank client. 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 a 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.