Foley, William D.

William D. Foley Jr.

Partner
RELATED SERVICES

Bill Foley focuses his practice on advising banks, financial institutions and financial technology (FinTech) companies on litigation and regulatory matters. As part of his banking, financial services and consumer finance litigation practice, Bill regularly represents:

  • Banks
  • Mortgage lenders
  • Servicers
  • Other financial institutions

in putative class and mass actions in both state and federal courts defending against alleged violations of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA) and related state laws.

Bill Foley focuses his practice on advising banks, financial institutions and financial technology (FinTech) companies on litigation and regulatory matters. As part of his banking, financial services and consumer finance litigation practice, Bill regularly represents:

  • Banks
  • Mortgage lenders
  • Servicers
  • Other financial institutions

in putative class and mass actions in both state and federal courts defending against alleged violations of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA) and related state laws.

Bill also represents banks and other financial service providers in lawsuits related to their roles in residential mortgage-backed securities (RMBS) deals and has provided advice to one of the world’s largest international banks on its obligations as trustee under various RMBS securitizations. Bill is currently representing a national mortgage loan servicer in multiple litigations related to its role in various RMBS securitizations with amounts at issue exceeding $2 billion.

Bill regularly conducts comprehensive internal forensic investigations on behalf of his banking, financial services and insurance clients to identify and analyze relevant information to be used for the discovery and trial phases.

As part of his FinTech practice, Bill advises cryptocurrency and marketplace loan (peer-to-peer) clients on legal and regulatory issues surrounding acquisitions, investments and loans of alternative digital assets as well as the integration of blockchain (distributed ledger) technologies in financial and commercial transactions.

Prior to joining the Firm, Bill worked with attorneys representing Major League Baseball clubs throughout the salary arbitration process by aiding in the drafting and preparation of arbitration briefs and exhibits, and participating in the related hearings.

Bill's experience includes:

  • Represent a national mortgage loan servicer as third-party defendant in five actions pending in Part 60 of the Commercial Division of the New York County Supreme Court arising out of first-party repurchase litigations commenced against the sponsor of RMBS securitizations alleged to have breached its representations and warranties
  • Advise cryptocurrency broker/dealer and lender regarding state and federal regulations and legal issues involving lending and borrowing of digital assets, including collateral and rehypothecation considerations
  • Represented sponsor of exchange traded funds (ETFs) in defense and dismissal of securities and common law fraud claims
  • Represented bank in the dismissal of a purported shareholder class-action suit seeking to block, by preliminary injunction, a potential merger
  • Advised managers of financial technology funds on general corporate strategy, formation, financing and issues surrounding the acquisition of marketplace and peer-to-peer originated assets
  • Represented a global hospitality chain in arbitration and state and federal litigation arising from a Stock Purchase Agreement, related post-closing purchase price adjustments, and various claims for fraud and misrepresentation
  • Represented pro bono the family of a retired New York City Fire Department Captain killed in the September 11 attacks on the World Trade Center in an Article 78 proceeding to properly list him on the National 9/11 Memorial at Ground Zero
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CREDENTIALS
Education
  • J.D.,

    cum laude

    , New York Law School, 2007

    Dean's List

  • B.A., The College of William & Mary, 1998
Bar Admissions
  • New York
Court Admissions
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
Professional Affiliations
    • Member, Locke Lord Diversity & Inclusion Committee
    • Member, American Bar Association
Awards & Recognitions
    • Named, Super Lawyers® New York Metro Rising Star, Banking (2015-2018)
Community Leadership
    • Alumni Board, Regis High School, New York City (2010-2013)