Kevin M. Foley has extensive experience in commodities law and advises a wide range of clients, both in the U.S. and abroad, on regulatory compliance regarding traditional exchange-traded products, as well as the over-the-counter markets involving swaps and other derivative instruments. His clients include futures commission merchants, broker-dealers, investment advisers, commodity pool operators, commodity trading advisors and an industry trade association
Mr. Foley served as counsel to the National Futures Association and Futures Industry Institute study that developed recommendations for best practices in order entry and transmission of exchange-traded transactions and has also served as special counsel to a number of futures exchanges. In addition, he has an active securities regulatory practice working with firms and individuals registered with the Securities and Exchange Commission. He served as Chief Counsel of the Division of Trading and Markets of the Commodity Futures Trading Commission for four years.
Mr. Foley’s has represented clients in the following matters:
- Representing a client in connection with its application before the Commodity Futures Trading Commission for designation as the first Internet-based futures exchange.
- Representing an industry trade association in connection with the development of the Commodity Futures Trading Commission's regulatory reform initiatives.
- Advising commercial agricultural firms on the legal implications of agricultural swap transactions and other over the counter derivatives.
- Organizing and representing several market maker and clearing firms on the Chicago Board Options Exchange.
- Organizing private investment entities, including the preparation of related private placement memoranda, limited liability company operating agreements, and limited partnership agreements.
Mr. Foley speaks frequently at industry conferences, has authored numerous articles on commodities and securities regulation, and is a member of the Editorial Advisory Committee for
Futures Industry magazine. He is a member of the American Bar Association's Committee on Regulation of Futures and Derivatives Instruments; a member of the Business Conduct Committee of the National Futures Association; a former Chairman of the Chicago Bar Association Futures Regulation Law Committee; and a former member of the Executive Committee of the Futures Industry Association, Law and Compliance Division. Mr. Foley has been listed in
The Best Lawyers in America (2008-2010).
Mr. Foley earned his J.D. from the Georgetown University Law Center (1972) and his B.A. from Georgetown University (1969). He is admitted to practice in Illinois and the District of Columbia.