Michael Bresnahan headshot.

J. Michael Bresnahan Jr.

Senior Counsel

J. Michael Bresnahan Jr.

Senior Counsel

J. Michael Bresnahan is a senior counsel with Foley & Lardner LLP and a member of the firm’s Fund Formation & Investment Management Practice. Michael counsels fund managers on the formation and operation of venture capital, private equity, private credit, real estate and hedge funds including fund and management company structuring, side letter negotiations, secondary sales and Investment Advisers Act registration and compliance. Michael also advises on public pension plans, university endowments, fund-of-funds, family offices and other institutional investors on investments in private funds, commingled and single investor funds, alternative investment vehicles, direct and co-investment opportunities, and the formation and operation of separately managed accounts.

In addition, Michael regularly advises on SEC, CFTC and tax matters, and provides regulatory and policy guidance and strategic recommendations in response to market changes. He also manages clearing relationships for his clients and ensures compliance with all exchange and federal regulations.

Michael has experience drafting and negotiating counterparty trading agreements including ISDA Master Agreements, Compensation Agreements and Credit Support Annexes. He regularly works with prime brokers to establish and maintain credit arrangements including designation notices and customer-to-customer and four-way double give up agreements to trade OTC assets.

Awards and Recognition

  • Received, Best Lawyers: Ones to Watch recognition for Corporate Law (2021-2024)

Presentations and Publications

November 3, 2025 Innovative Technology Insights

Digital Asset Treasury Companies: Structure and Regulation

Digital Asset Treasury Companies (“DATCOs”) are a new class of public companies whose treasuries hold significant amounts of digital...
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September 15, 2025 Innovative Technology Insights

Illinois Enacts Crypto Law: What Does It Mean for the Industry?

On August 18, 2025, Illinois enacted the Digital Assets and Consumer Protection Act (DACPA), creating the Midwest’s first state-level framework for regulating crypto exchanges and digital asset businesses. The law establishes consumer safeguards, registration requirements, and compliance obligations—but questions remain about whether Illinois has the resources to enforce it.
August 13, 2024 Deals and Wins

Foley Represents Trading Technologies in Final Stage of Abel Noser Solutions Acquisition

Foley & Lardner LLP represented Trading Technologies International, Inc. (TT), a global capital markets technology platform provider, in its acquisition of START, a broker-neutral trade optimization platform, from Abel Noser Holdings, a majority-owned portfolio company of Estancia Capital Partners.
August 12, 2024 In the News

Considerations for Forming Private Credit Funds

Formation of a private credit fund originating loans in the US leads US fund sponsors to design a fund that can accommodate investors’ tax and regulatory requirements.
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July 18, 2024 Innovative Technology Insights

What’s Next for Ethereum ETFs Following SEC Approval?

Following the SEC’s approval of ETH ETFs in May 2024, our team analyzes recent developments and looks to the future.
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February 26, 2024 Foley Viewpoints

New SEC Marketing Rule FAQ: IRR Calculations When Using Subscription Lines

On February 6, 2024, SEC staff issued FAQ guidance with respect to registered investment advisers’ obligations under Rule 206(4)-1 of the Investment Advisers Act of 1940.