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
Coinbase Reaches $100 Million Settlement with NYS Department of Financial Services Over Anti-Money Laundering Compliance Failures
January 6, 2023 | Blog | By Cory S. Flashner, Edmund P. Daley, Christopher D'Aliso
On January 4, 2023, the New York State Department of Financial Services (“DFS”) announced that it reached a $100 million settlement with Coinbase, Inc. (“Coinbase”) following an investigation that revealed “significant failings” in the company’s anti-money laundering (“AML”) compliance program.
FINRA to Examine Broker-Dealer Crypto Communications
December 1, 2022 | Blog | By Cory S. Flashner, Edmund P. Daley, Christopher D'Aliso
The Financial Industry Regulatory Authority (“FINRA”) recently announced that it is conducting targeted sweeps of broker-dealers concerning their communications about “crypto assets.”
RIAs Beware: The Pitfalls When Going Straight To The (Out)Source
November 3, 2022 | Blog | By Michael Pastore, Edmund P. Daley
On October 26, 2022, the Securities and Exchange Commission (SEC) proposed a new rule and amendments under the Investment Advisers Act of 1940 (the “Act”) that would add significant guardrails to the common practice of registered investment advisers (RIAs) using third-party service providers (“Proposed Rule”).
NFTs: A Flash in the Crypto Pan or Virtual Gold? (Part 1)
August 2, 2022 | Blog | By Edmund P. Daley, Cory S. Flashner, Frank Gerratana
Non-fungible tokens (“NFTs”) grabbed mainstream attention in 2021 with news of digital art and collectibles selling for millions. But headlines reporting NFTs selling for millions were short-lived. “Crypto winter” cast a chill across the crypto world – prices and interest in the digital art and images that became synonymous with NFTs plummeted.
Regulator Turf Battles & Twitter Sleuths - Takeaways from the insider trader tipping scheme against a former Coinbase Employee
July 22, 2022 | Blog | By Cory S. Flashner, Edmund P. Daley
Calls for strong US-based crypto regulation and leadership are growing after the U.S. Attorney for the Southern District of New York (SDNY) announced charges against three men in the "first ever cryptocurrency insider trader tipping scheme." The SEC's decision to charge the same three defendants with securities fraud could have broad implications beyond this case, classifying crypto assets traded on Coinbase as securities.
“Insider Trading” or “Wire Fraud”: A Closer Look at the Charges Facing a Former OpenSea Employee and What We Can Learn From It
June 3, 2022 | Blog | By Cory S. Flashner, Edmund P. Daley
As the DOJ, SEC, and other regulators continue to ramp up their crypto enforcement teams, the US Attorney’s Office in the Southern District of New York stepped into the spotlight this week with an indictment alleging “insider trading” in the NFT market by an OpenSea employee.
Could A Bored Ape + CryptoPunk + ApeCoin = A Security?
March 18, 2022 | Article | By Edmund P. Daley, Cory S. Flashner, Frank Gerratana
The NFT space is now accustomed to novel use cases and new project launches on a near daily basis. From NFTs involving real estate, to property in the metaverse, to NFT funds, innovation is the name of the game. But until a few days ago, we had not seen a corporate-style acquisition in the NFT space. This news is another reminder that technological innovation continues to outpace regulatory guidance.
DOJ Tells Cybercriminals, “If you continue to come for us we will come for you” and Warns Companies to Keep Their “Cyber Shields Up”
February 18, 2022 | Blog | By Cory S. Flashner, Edmund P. Daley
Federal Jury Concludes Cryptocurrency Products NOT Securities
November 4, 2021 | Blog | By Sean T. Prosser, Edmund P. Daley
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.
