William D. Foley Jr.

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

• Banks
• Mortgage and small business lenders
• Servicers
• Insurance companies
• Other financial institutions

in all aspects of litigation in both state and federal courts, including putative class actions, 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. In addition, Bill regularly advises clients on issues, both litigation and incident response, concerning data incursions and the exfiltration of confidential and protected trade secret information, including by initiating Federal Defend Trade Secrets Act (DTSA) litigations in federal court. Bill is a member of the Firm’s Board of Directors and the Practice Leader for the New York office Litigation Group.

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.

In addition to serving as a first-chair litigator and advising on all portions of litigation strategy, 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.

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 arising out of first-party repurchase litigations commenced against the sponsor of RMBS securitizations
• Represent non-bank lenders in various DTSA actions concerning the exfiltration of protected trade secret information
• 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