About Kevin M. Foley

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.

A comprehensive understanding of complex regulations

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 guidance 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.

A voice for an industry

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.

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Practice Focus

  • Commodity Exchange Act and CFTC compliance
  • Compliance issues related to exchange-traded futures, options on futures contracts and swaps
  • Advocacy before CFTC and other regulators to obtain interpretive or no-action relief
  • Analysis of proposed rules and preparation of comment letters

Representative Experience

  • Regulatory counsel to an industry association primarily with regard to matters before the CFTC.
  • Advise clients in preparing and submitting applications for registration with the CFTC as derivatives clearing organizations.
  • Advise clients in preparing and submitting applications for registration with the CFTC as foreign boards of trade.
  • Counsel in client's application to the CFTC for designation as the first Internet-based futures exchange.

News

Publications

Presentations and Events

Practices
Industries
Education
  • Georgetown University Law Center, JD
  • Georgetown University, BA
Bar Admissions
  • Illinois
  • District of Columbia
Community Involvements
  • Futures Industry Association (FIA), Law and Compliance Division, former member, Executive Committee
Recognitions
Recognized or listed in the following:
  • Best Lawyers in America
    Derivatives and Futures Law, 2006–2023
    Lawyer of the Year
    Derivatives and Futures Law, Chicago, 2020
  • Chambers Global
    Capital Markets: Derivatives
    USA, 2018–2023
    Capital Markets: Derivatives: Mainly Regulatory
    USA, 2020–2023
  • Chambers USA
    Capital Markets: Derivatives, 2017–2022
    Capital Markets: Derivatives: Mainly Regulatory, 2018–2022
  • JD Supra Reader's Choice - Top Author
    Banking/Financial Services Industry, 2016
  • The Legal 500 United States
    Recommended Attorney, 2013, 2018, 2020–2022
Award Methodologies