Ed is an associate in the firm’s litigation section focused on representing clients in white collar defense, internal investigations, financial services litigation, fiduciary litigation, and complex commercial litigation. As a member of the Mintz FinTech, Blockchain, and Digital Assets practice, Ed counsels technology, digital currency, private equity, venture capital, and individual clients in a wide range of complex legal issues related to criminal and civil disputes, government investigations and regulatory compliance. He has experience preparing and arguing motions in state and federal court cases. Ed is also an active member of the firm’s appellate practice group, advising clients on all aspects of appellate strategy.
He also represents clients before a wide range of federal, state and self-regulatory agencies including the Securities and Exchange Commission (SEC), the US Department of Justice (DOJ), the Financial Industry Regulatory Authority (FINRA), and state securities, banking and insurance regulators, including the Massachusetts Securities Division (“MSD”). Ed has extensive experience guiding clients through complex compliance issues and regulatory scrutiny and investigations by the MSD and other state and federal regulators.
Prior to joining Mintz, Ed served as a law clerk to the Hon. David A. Lowy of the Supreme Judicial Court of Massachusetts, assisting him with legal research and the drafting of opinions. Ed also served as a law clerk to then Chief Justice Scott L. Kafker and the Hon. Janis M. Berry of the Massachusetts Appeals Court. After graduating law school, Ed was a law clerk to the justices of the Massachusetts Superior Court.
During law school, Ed served as a student attorney for the Boston College Legal Assistance Bureau’s Housing Law Clinic and as a summer intern for the New Hampshire Attorney General. Before attending law school, Ed worked as an account manager in the New York office of a California-based cybersecurity software company.
Experience
- Represented CFO charged in $30+ million fraud scheme and secured disposition substantially more favorable than recommended by the Federal Guidelines. The sentencing judge remarked that he was “frankly surprised that [CFO’s] counsel was able to negotiate such a favorable agreement.”
- Representing two defendants charged with fraud in relation to the ongoing College Admissions prosecution.
- Represented Registered Investment Advisor in DOJ investigation.
- Guided appellate strategy and briefing resulting in a rare reversal of summary judgment ruling in Massachusetts Appeals Court on behalf of a major multinational insurer, involving liability claims amounting to $30 million. The case involved the application of the Telephone Consumer Protection Act exclusion and regulatory disclosure requirements related to its enforceability.
viewpoints
SEC Approves Spot Bitcoin ETFs But Gensler Still Disapproves of Crypto
January 12, 2024 | Blog | By David Adams, Edmund P. Daley, Christopher D'Aliso, Frank Gerratana
The SJC Shocks Financial Services Industry by Taking Victory Away from Robinhood and Giving it to the Secretary of State
August 29, 2023 | Blog | By Pete Michaels , Michael Pastore, Edmund P. Daley
Protecting Victims’ Privacy in Sensitive Criminal Cases
August 22, 2023 | Article
Read more about how Mintz's attorneys Andrew Nathanson, Katharine Foote, Danielle Dillon, and Edmund Daley advocated for victims rights and privacy during a complex criminal case.
Judge Rakoff puts the Ripple Party on Ice as the Crypto Community and SEC Ponder their Next Moves
August 7, 2023 | Blog | By Cory S. Flashner, David Adams, Edmund P. Daley, Patrick E. McDonough
Just barely two weeks ago, we wrote about the half-victory for Ripple Labs in its ongoing litigation with the Securities and Exchange Commission (“SEC”), in which Judge Analisa Torres granted partial summary judgment in favor of Ripple on the issue of whether certain sales of Ripple’s XRP cryptocurrency tokens were “securities” under the federal securities laws. Some in the crypto industry interpreted her ruling to mean that secondary transactions in crypto assets on centralized and decentralized crypto exchanges were not transactions in “securities,” even though Judge Torres expressly declined to address the secondary trading issue. Fast forward to today, and a new ruling out of the SDNY against Terraform Labs casts further doubt on this interpretation.
DOJ’s Criminal Division Announces Key Policy Updates Regarding Compensation, Compliance Programs, and Monitors
March 7, 2023 | Blog | By Eoin Beirne, Cory S. Flashner, Edmund P. Daley, Nick A. LaPalme
At the American Bar Association’s 38th Annual National Institute on White Collar Crime, Department of Justice (“DOJ”) officials announced multiple significant policy updates regarding corporate compliance.
DOJ Issues Voluntary Self-Disclosure Policy for All United States Attorney’s Offices
February 24, 2023 | Blog | By Eoin Beirne, Cory S. Flashner, Edmund P. Daley, Nick A. LaPalme
The Rise of Whistleblower Tips (and Rewards) for Crypto Sleuths
February 17, 2023 | Blog | By Cory S. Flashner, Edmund P. Daley
Whistleblowers are often thought of as public company insiders who report alleged wrongdoing like insider trading, market manipulation, submitting false or misleading company disclosures or other securities and commodities law violations. The emergence of the digital asset industry, and the expanding number of crypto companies using public-facing blockchains, has changed this paradigm. Now anyone with the time, skill, and inclination can audit every transaction on a public blockchain, and the concept of the “traditional” whistleblower has greatly expanded in this relatively unregulated space.
Garland Memo May Provide White Collar Defendants Increased Opportunity for Negotiation While Updated Corporate Enforcement Policy Highlights the Importance the Department of Justice Places on Self-Disclosure, Cooperation, and Remediation
February 2, 2023 | Blog | By Eoin Beirne, Edmund P. Daley, Nick A. LaPalme
On December 16, 2022, United States Attorney General Merrick Garland issued two related memoranda (collectively, the “Garland Memo”) which provide guidance to federal prosecutors regarding department policies for charging, pleas, and sentencing. Following publication of the Garland Memo, on January 17, 2023, Assistant Attorney General for the DOJ’s Criminal Division Kenneth Allen Polite Jr. announced important revisions to the Criminal Division’s Corporate Enforcement Policy (the “CEP”), which alter how it will evaluate corporate criminal matters.
News & Press
Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto
February 13, 2024
Member David Adams and Associates Edmund Daley and Christopher D’Aliso co-authored an article in Law360 discussing the implications of the SEC’s decision to approve bitcoin ETFs and what that means for crypto assets.
AI Regulation in 2024 and Beyond
January 9, 2024
As the spotlight intensifies on AI, the discourse around regulation will take center stage in 2024. In a recent article featured in the New York Law Journal, Member Jason Halperin and Associates Edmund Daley and Elizabeth Platonova navigate the intricacies of AI development and safety. Their comprehensive analysis includes a review of President Biden’s October 30 executive order for AI and an exploration of ongoing regulatory efforts in the US and EU, and what companies need to do to navigate them.
Twenty-Five Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 21, 2023
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
Mass. Robinhood Ruling Will Affect Broker-Dealers Nationwide
September 20, 2023
Financial Services Co-chair Pete Michaels, Of Counsel Michael Pastore, and Associate Edmund Daley co-authored an article published in Law360 which focused on the widely anticipated Massachusetts Supreme Judicial Court decision on the Massachusetts fiduciary duty rule, which imposes a fiduciary duty standard on Massachusetts broker-dealers.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
Attorneys Note Rise In Cryptocurrency Whistleblowers
March 3, 2023
Massachusetts Lawyers Weekly covered an article written by Members Cory Flashner, and Adam Sisitsky, and Associate Edmund P. Daley about the rise in cryptocurrency whistleblowers.
Who Will Be The Crypto Regulator And Why It Matters
December 2, 2022
Mintz Member Jason Halperin and Associate Edmund Daley co-authored an article for the New York Law Journal focusing on the regulation of digital assets and deals. They look at which federal agency is likely to take the lead role and how that could affect whether crypto assets are treated as securities.
Twenty-Eight Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 22, 2022
In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.
Mintz, along with co-counsel Black Srebnick PA, secured a full acquittal on all charges brought against client Amin Khoury, who had been charged with conspiracy to commit mail fraud, honest services fraud and federal programs bribery. The trial was the final case tied to the nationwide college admissions scandal known as “Operation Varsity Blues,” and the only case out of 57 to end in an acquittal. Every other defendant was convicted following a guilty plea or trial.
Recognition & Awards
Best Lawyers in America "Ones to Watch": Commercial Litigation, Criminal Defense: White-Collar (2022-2024)
Massachusetts Super Lawyers: Rising Star - Criminal Defense: White Collar (2022-2023)
Massachusetts Super Lawyers: Rising Star - Business Litigation (2019-2021)
Boston Magazine Top Lawyers – Commercial Litigation (2022-2023)
Involvement
- Committee Member, Supreme Judicial Court Advisory Committee on Massachusetts Evidence Law (2015 – present)
- Member, Boston Bar Association
- Member, Massachusetts Bar Association
- Member, New Hampshire Bar Association
Recent Insights
Member David Adams and Associates Edmund Daley and Christopher D’Aliso co-authored an article in Law360 discussing the implications of the SEC’s decision to approve bitcoin ETFs and what that means for crypto assets.
