Areas of Practice
Industries
Bar Admissions
- Michigan, 2000
Court Admissions
- U.S. Court of Appeals, 6th Circuit, 2003
- U.S. District Court, Eastern District of Michigan, 2000
- U.S. District Court, Western District of Michigan, 2005
- U. S. District Court, Eastern District of Wisconsin, 2015
- U. S. District Court, Western District of Wisconsin, 2015
Education
Wayne State University School of Law, J.D., magna cum laude
- Order of the Coif
Catholic University of America, B.A., summa cum laude
- Phi Beta Kappa
Ms. Baucus has extensive experience in legal project management, including:
- Leader of legal project management team on a multi-million dollar litigation portfolio
- Managing hundreds of multi-state financial lawsuits for national banks and servicers, including managing a team of 40 Dykema attorneys
Ms. Baucus frequently develops and presents seminars and continuing legal education (CLE) programs for legal and business clients on topics including contracting processes and risks, terminating distributorship risks, purchase order terms and conditions and battle of the forms, force majeure risks in the automotive industry, CFPB topics, Regulation X, legal risks related to digital mortgages and other federal statutes impacting bank and servicing risks.
Experience
Ms. Baucus represents companies in high-stakes disputes and large-volume portfolio litigation management. Her litigation experience includes:
- Automotive (OEM, Tier 1, Tier 2, and Tier 3) lawsuits, including warranty and cost recovery, troubled supplier litigation, supplier performance and termination, terms and conditions, and tooling recovery
- General commercial, contract and UCC disputes
- Distributor / dealer termination disputes
- Consumer financial services litigation, including defense of claims under the Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and the Michigan Consumer Protection Act (MCPA), title priority disputes, credit card and retail installment contract disputes, as well as other related consumer financial service and real estate claims
- Consumer financial services issues related to bankruptcy and work outs
- Consumer Finance Protection Bureau (CFPB) compliance issues and Regulation X litigation
- Commercial real estate loan workouts and litigation, including loan/mortgage litigation, contested judicial foreclosures
Ms. Baucus’ contract practice focuses on:
- Negotiating and drafting automotive industry contracts related to production supply and termination, raw material, long-term supply, engineering, research and development, tooling, assignment of purchase orders, sale of equipment, service providers and other commercial issues
- Providing legal advice on the maintenance and termination of supply relationships and commercial transactions
- Purchase order terms and conditions, including analyzing, negotiating and drafting terms
Financial Service Presentations
February 26, 2019: Making Warehouse Lines Faster and Cheaper with Digital Mortgages; a webinar hosted by National Mortgage News on the legal framework of and issues related to the implementation and enforcement of eNotes and eMortgages
July 17, 2018: The Future of Home Loans: eNotes and eMortgages: Status of Implementation, Potential Legal Risks & Other Issues Down the Road; a webinar presentation for the Dykema Litigation Institute to over 200 attendees on legal issues related to the implementation and enforcement of eNotes and eMortgages, including the following:
- An overview of the current state of eNote and eMortgage adoption
- Use of eNotarization at closing
- Legal risks involving the use of eNotes and eMortgages
- The enforceability of eNotes and eMortgages including applying current paper note and mortgage case law to electronic documents
- The various legal requirements for the electronic execution of documents and the electronic delivery of mandatory disclosures, including E-SIGN (Electronic Signatures in Global and National Commerce Act), the Uniform Electronic Transfer Act and the Uniform Commercial Code
- Jurisdictional challenges to the use of eNotes and eMortgages
- Potential liability for originators, lenders, investors, and servicers related to eNotes and eMortgages
- Best practices for establishing and maintaining policies and procedures to ensure the enforceability of eNotes and eMortgages
- Understanding where eNotes are stored and who owns and controls the eNote
- Litigation trends and issues
- Case studies involving eNotes and eMortgages
May 18, 2018: Digital Mortgages: Implementation, Potential Legal Issues & Problems Down the Road?; an on-site presentation to servicing client on legal issues related to the implementation and enforcement of eNotes and eMortgages
April 17, 2018: Digital Mortgages: Implementation, Potential Legal Issues & Problems Down the Road?; an on-site presentation to servicing client on legal issues related to the implementation and enforcement of eNotes and eMortgages
September 28, 2017: Truth in Lending Act: Rescission Claims and Other Issues Relevant to Mortgage Loan Originators and Servicers; an on-site presentation to servicing client on legal issues related to the TILA liability and litigation strategies
September 13, 2016: Beware of the Zombie Properties - An Overview of Issues Involving Blight, Ordinance Violations And Urban Decay; an on-site presentation to servicing client on legal issues related to the local ordinance and zoning code violations and potential liabilities
Automotive & Other Industry Presentations:
Supply Chain Disputes: How to Prepare for and Respond to Stop Ship Threats in the Automotive Industry; an annual automotive industry client update on the risks of interruptions in the supply chain, managing supply chain disruptions from a legal perspective, demanding adequate assurances of performance pursuant to the Uniform Commercial Code and seeking a injunctive relief in Court
June 28, 2018: Declaring Contractual Performance Commercially Impracticable in Response to Steel Tariffs; an automotive industry client presentation on the impact of tariffs on supplier performance, including force majeure and commercial impracticability issues
October 20, 2016: Supply Chain Management: Legal Risks in Terminating Distributor Agreements and How to Avoid Them; an on-site client presentation addressing legal risks associated with terminating a distributor agreement and covering potential claims that may be raised by the terminated distributor, such as franchisee claims, state-specific dealer protection and inventory-buy back statutes, contract and related claims
May, 2013: Nuts and Bolts – Assuring Your Contracts Say What You Mean; a presentation on the importance of the contracting process in the automotive industry, applicable terms and conditions, the battle of the forms, protecting parts inventory and tooling, and the enforcement and termination of contracts.
May 18, 2011: Notice of Force Majeure - How to Recognize It and Respond to It; an on-site presentation to automotive industry client on legal issues related to declaring that an event constitutes force majeure, the notice required pursuant to the Uniform Commercial Code, risks arising from declarations of force majeure, allocation requirements, how to respond to a force majeure notice, the differences between force majeure and commercial impracticality, and the potential impact on the parties’ contracts
May 3, 2011: Earthquakes, Tsunamis and Force Majeure Clauses - What Do They Mean To Your Business; a presentation to automotive industry client on legal issues related to declaring that an event constitutes force majeure, the notice required pursuant to the Uniform Commercial Code, risks arising from declarations of force majeure, allocation requirements, how to respond to a force majeure notice, the differences between force majeure and commercial impracticality, and the potential impact on the parties’ contracts
Seminars & Speeches
- November 10, 2020
- September 3, 2020
- August 26, 2020
- August 13, 2020
- April 21, 2020
- February 19, 2019
- Digital Mortgages – The Future of Home Loans: eNotes and eMortgagesNovember 10, 2018
- July 17, 2018
- Consumer Financial Litigation II (Including Bankruptcy, Appeals, and Title Claims and Litigation), Presenter and Moderator, Dykema's Annual Financial Industry Group ConferenceOctober 24, 2015
- Consumer Financial Litigation I (Including Defense of Federal & State Law Claims), Presenter and Moderator, Dykema's Annual Financial Industry Group ConferenceOctober 24, 2015
- Regulation X - Litigation Update, Presenter, 39th Annual Texas Association of Bank Counsel Annual ConventionOctober 1, 2015
Publications
- August 3, 2020The Open Road: Automotive Law Bloghttps://www.openroadlawblog.com/2020/08/results-are-in-dykema-michauto-and-the-right-place-covid-19-automotive-outlook-flash-survey/
- July 6, 2020NextGen Financial Services Reporthttps://www.nextgenfinancialservicesreport.com/2020/07/tcpa-protection-against-robocalls-upheld-did-the-supreme-court-sacrifice-the-right-of-free-speech-for-the-sake-of-rescuing-a-bad-statute/
- May 2020MReport
- March 3, 2020The Open Road - Automotive Law Bloghttps://www.openroadlawblog.com/2020/03/is-your-contract-virus-proof/
- January 2019DSNews Black Book
- November 2018National Mortgage Professional Magazine, Vol. 10, No. 11
- December 2015Mortgage Compliance Magazine
- "Emerging Topic: Is a Loan Modification 'Credit' Under the Equal Credit Opportunity Act? According to the Fed, It Is" (Co-authored with Joseph H. Hickey and Michael J. Blalock), Summer/Fall 2010Conference on Consumer Finance Law, Vol. 64, Nos. 2-3
- "Recent 'Unfair and Deceptive Acts and Practices' Litigation Developments in the Midwest"2007Consumer Financial Services Litigation, Practising Law Institute
- "Contractual Supply Disputes in the Automotive Industry: Lessons Learned"Summer 2006The Michigan Business Law Journal, Vol. 26, No. 2
- "Featured Lawyer of the Month"April 2004LACHESs, The Official Publication of the Oakland County Bar Association
- "The Dirty Truth: A Number of Builders, Developers, Building Owners and Landlords Are Not Aware of the Damage of Toxic Mold in Buildings, But Insurance Companies Are"February 2003Midwest Real Estate News, Vol. 19, No. 2
- "How Long Should Bad Attorneys Have to Wait? The Immediate Appeal of Sanctions Under the Collateral Order Doctrine"Spring 200046 Wayne L. Rev. 289
News
- November 2, 2020
- September 3, 2020
- August 5, 2020
- January 13, 2020
- Baucus is also serving as Co-Chair of the Dykema-sponsored eventSeptember 6, 2019
- May 29, 2019
- February 11, 2019
- Litigation Attorney Joins Long List of Dykema Attorneys to Have Participated in Community Leadership Program Led by Detroit Regional Chamber of CommerceJune 18, 2014
- Twenty-Three Other Dykema Lawyers Identified as Rising StarsSeptember 5, 2013
Alerts
- June 11, 2020
- May 7, 2020
- April 23, 2020
- What Do You Do When Your Contract Does Not Contain A Force Majeure Clause?March 17, 2020
- Insurance Claims, Force Majeure Notices and Protecting Other Legal Rights In The Wake Of Global Supply Chain Disruption Caused By COVID-19March 3, 2020
- September 6, 2017
Press Releases
- February 24, 2021
- October 9, 2020
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 20, 2020
- November 25, 2019
- May 29, 2019
- Dykema Listed as a "Highly Recommended" FirmOctober 30, 2018
- Dykema Listed as a "Highly Recommended" FirmOctober 26, 2017
- October 18, 2016
- October 26, 2015
- October 7, 2015
Memberships & Involvement
Oakland County Bar Association; Business Court Committee, Vice Chair; Membership Committee
State Bar of Michigan
Federal Bar Association
Women Lawyers Association of Michigan
Awards & Recognition
Recognized in The Best Lawyers in America® for Commercial Litigation, 2021. Copyright 2015 by Woodward/White, Inc., Aiken, SC
Recognized by The Legal 500 United States for Transport: Rail and Road – Litigation (2019)
Selected as a Future Star by Benchmark Litigation, 2013-2020
Recognized in Michigan Super Lawyers® as a Rising Star for Civil Litigation Defense, Business Litigation and Consumer Law, Administrative Law, 2013-2014