Mr Kevin Foley > Katten > Chicago, United States > Lawyer Profile
525 WEST MONROE STREET
CHICAGO, IL 60661-3693
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Mr Kevin Foley
Financial Markets and Funds
Kevin Foley is the compass financial services firms rely on in navigating the world of derivatives regulation. He helps the largest futures commission merchants as well as derivatives clearing organizations, proprietary trading firms and foreign exchanges comply with the Commodity Exchange Act (CEA) and the rules of the Commodity Futures Trading Commission (CFTC). For more than 25 years, he has served as counsel to the Futures Industry Association, guiding the industry through transformative events like the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Kevin has earned wide respect in the industry for his experience, depth of knowledge and leadership on challenging issues. Clients know that he brings an encyclopedic understanding of the CEA and CFTC rules to his engagements. He knows the law, the regulatory purpose underlying specific rules and their enforcement history.
Earlier in his career, Kevin served for four years as chief counsel of the CFTC’s Division of Trading and Markets. That experience helps him to assume a regulator’s perspective, provide more comprehensive advice to his clients and craft effective arguments for relief, if necessary. For example, when conflicting US and UK regulatory requirements appeared to prevent US futures commission merchants from using customer securities to support those customers’ trading on UK markets, Kevin worked with the CFTC to obtain relief for his client.
Industry organizations consistently select Kevin to represent them on high-stakes policy matters. He advised on a study by the National Futures Association and Futures Industry Institute that developed recommendations for best practices in order entry and transmission of exchange-traded transactions. In 2012, he was recognized for his exemplary efforts on behalf of FIA in formulating the industry’s response to the Dodd-Frank legislation before the CFTC.
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,
JD, Georgetown University Law Center BA, Georgetown University
Katten‘s derivatives practice spans exchange-traded and over-the-counter products and their regulation. The team is most noted for its regulatory offering, which extends to representing clients in enforcement issues, investigations by the CFTC and litigation. Heading the financial markets and regulations group from New York is Gary DeWaal, who is increasingly known for advising on the law governing digital assets and cryptocurrencies. Also in New York, Carl Kennedy has expertise in the Dodd-Frank Act. In Chicago, Kevin Foley focuses on US commodity exchange legislation and CFTC rules. In January 2021, the Washington DC office was joined by Daniel Davis from the CFTC in a boost to the regulatory practice. Guy Dempsey retired in 2021.
Top Tier Firm Rankings
- M&A/corporate and commercial > M&A: middle-market (sub-$500m)
- Finance > Structured finance: derivatives and structured products
- Finance > Structured finance: securitization
- Investment fund formation and management > Alternative/hedge funds
- Intellectual property > Copyright
- Dispute resolution > Securities litigation: defense
- Intellectual property > Trademarks: litigation
- Industry focus > Transport: aviation and air travel - finance
- Dispute resolution > Financial services litigation
- Media, technology and telecoms > Media and entertainment: litigation
- Media, technology and telecoms > Media and entertainment: transactional
- Real estate > Real estate
- Finance > Restructuring (including bankruptcy): corporate
- Industry focus > Sport
- Dispute resolution > General commercial disputes
- Industry focus > Healthcare: service providers
- M&A/corporate and commercial > Venture capital and emerging companies
- Tax > US taxes: non-contentious
- Finance > Financial services regulation
- Finance > Commercial lending
- Dispute resolution > Corporate investigations and white-collar criminal defense