Foley, William D.

William D. Foley Jr.


Partner

 

Overview

Bill Foley is a Partner in Locke Lord’s New York office, focusing his ‎practice on advising banks, financial institutions, and financial technology ‎‎(FinTech) companies on litigation and regulatory matters. Since 2015, he ‎has been named a “Rising Star” by New York Metro Super Lawyers.‎

As part of his banking, financial services and consumer finance litigation ‎practice, Bill regularly represents banks, mortgage lenders, servicers, and ‎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), the Real Estate Settlement Procedures Act (RESPA), ‎the Fair Debt Collection Practices Act (FDCPA), the 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 its role in various ‎RMBS securitizations with amounts at issue exceeding $2 billion.‎

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 (MLB) clubs throughout the salary arbitration process by ‎aiding in the drafting and preparation of arbitration briefs and exhibits, and ‎participating in the related hearings.‎

Representative Experience

  • 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 collertal 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

Professional Affiliations and Recognitions

  • Member, Locke Lord Diversity & Inclusion Committee
  • Named, Rising Star by New York Metro Super Lawyers  (2015-2018)
  • Member, American Bar Association

Community Leadership

  • Alumni Board, Regis High School, New York City (2010-2013)