Paul Foley concentrates his practice in the areas of securities and corporate law, with a particular focus on investment fund formation, investment adviser regulation, and corporate representation, including mergers and acquisitions.
Mr. Foley regularly represents investment advisers, hedge funds, mutual funds, private equity funds, venture capital funds, funds of funds, institutional investors, broker-dealers, financial institutions and other entities with regard to complex federal and state securities regulatory matters.
Investment Fund Formation. Mr. Foley regularly advises clients on structuring, forming, and offering investment funds, including hedge funds, mutual funds, private equity funds, venture capital funds, funds of funds, and real estate funds. He also provides fund managers with ongoing advice regarding investments, transactions, compliance, and securities law matters, including applicable federal and state investment adviser registration requirements. Mr. Foley has assisted fund managers with fund offerings totaling in the billions of dollars.
Investment Adviser Representation. Mr. Foley has extensive experience representing institutional and retail investment advisers with regard to various securities, compliance, and business matters, including drafting and reviewing investment advisory agreements and other material contracts, developing and implementing customized compliance policies and procedures, mergers and acquisitions, and registration on Form ADV. He is also experienced in conducting internal investigations and advising clients with regard to examination and enforcement-related inquiries and investigations by the SEC, self regulatory organizations, and state agencies. In addition, Mr. Foley has assisted clients in obtaining no-action and exemptive relief from the SEC and state agencies. Mr. Foley provides ongoing advice to numerous investment advisers.
Corporate Representation. Mr. Foley also has experience in various corporate and commercial transactions, including complex financings and joint ventures. In addition, he often serves in a general counsel role for private companies and coordinates the outsourcing of legal services for other practice areas such as litigation, intellectual property, real estate, tax, environmental, and employment law.
Prior Experience. Prior to joining Kilpatrick Townsend, Mr. Foley worked in the Securities Department of a Washington, D.C. law firm that is consistently ranked as a top law firm for securities regulation. During law school, he worked at the U.S. Attorney’s Office for the Eastern District of North Carolina and the North Carolina Banking Commission. Prior to attending law school, Mr. Foley worked as a fixed-income analyst on the bond trading floor of a large investment bank where he held his Series 7 and Series 63 securities licenses.
Honors and Recognition. Mr. Foley has been recognized as a member of the “Legal Elite” by Business North Carolina magazine in 2013, 2014, 2015, and 2016. He has been named a North Carolina “Rising Star” by Super Lawyers magazine since 2013. Mr. Foley was also named one of “40 Leaders Under Forty” in 2012 by Triad Business Journal. He is AV® rated by Martindale-Hubbell.*
*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.
Represented former police officer Bruce Abramski in a successful cert petition and in merits briefing before the U.S. Supreme Court. The case concerned the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to restrict when lawful gun owners can purchase firearms for other lawful gun owners. Abramski was the most prominent gun case of the October 2013 term and drew significant media attention.
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University of North Carolina at Chapel Hill School of Law, J.D. with honors
Queens University of Charlotte, B.A., Business Administration magna cum laude
District of Columbia
Board Member, Securities Regulation Committee of the North Carolina Bar Association
Board Member, Southeastern Hedge Fund Association
Committee Member, Hedge Funds Care Southeast
Board Chair, Big Brothers Big Sisters Services, Inc.
Board Member, Winston-Salem Hospice Foundation
Athletic Advisory Council Member, Wake Forest University Deacon Club
Former Executive Leadership Team Member, Winston-Salem Heart Ball (2014 - 2015)
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