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Overview

Nick Foley is a principal in McKool Smith's Dallas office. He focuses his practice on insolvency litigation, with a particular emphasis on plaintiffs’ claims arising from insolvency proceedings. Nick has more than 25 years of experience representing both plaintiffs and defendants in multimillion-dollar disputes, both in bankruptcy court and in follow-on litigation. He has tried a number of cases in federal, state, and bankruptcy courts as well as in arbitration proceedings.

Prior to joining McKool Smith, Nick represented receivers in various matters arising from the Stanford insolvency, as well as the receiver for Idearc Litigation Trust in a multibillion-dollar claim against a leading telecommunications company. He also represented a Chapter 11 Trustee in a D&O claim arising from the Tecnet bankruptcy and represented various bondholders in a major case against a bank relating to the Global Crossing bankruptcy, among other cases. Nick has represented the receiver and liquidator in a major cross-border insolvency proceeding and also represented debtors, trustees, and creditors in significant bankruptcy cases in various bankruptcy courts, including in Texas and New York. He has also represented a number of clients in complex real estate insolvency matters.

In addition to bankruptcy matters, Nick has represented clients in complex commercial litigation in numerous state and federal courts, including matters involving oil and gas disputes, contract claims, and breach of duty claims. He recently served as a member of the Plaintiff’s Steering Committee for Individual Consumer Plaintiffs in the case In Re: Volkswagen Clean Diesel Litigation MDL matter pending in Travis County Texas.

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Education

J.D., magna cum laude, Southern Methodist University Dedman School of Law, 1990

  • Order of the Coif
  • Hutchison Scholar
  • Managing Texas survey editor of the Southwestern Law Journal

B.S.B.A., with Honors, University of Nebraska, 1984

  • Regents Scholar

Court Admissions

  • State of Texas
  • The United States District Court for the Northern, Eastern, Southern, and Western Districts of Texas
  • United States Court of Appeals for the Fifth Circuit

Bar Associations

  • Texas Bar Association
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