Ed Daley brings a creative, solutions-oriented approach to helping clients achieve their goals. He represents companies, financial institutions, and individuals in high-stakes litigation, government investigations, regulatory enforcement matters, and criminal trials. Whether the challenge demands aggressive trial advocacy, strategic engagement with federal regulators, careful appellate positioning, or discreet counseling through an internal investigation, Ed delivers results.
Ed’s practice sits at the intersection of financial services, government enforcement, and emerging technology. Drawing on a cross-disciplinary practice, he delivers comprehensive guidance tailored to his client’s complex challenges. As a member of Mintz’s FinTech, Blockchain, and Digital Assets practice and the firm’s Appellate Practice Group, Ed counsels a diverse client base – from multinational financial institutions to digital asset platforms to individual executives. He has substantial experience appearing before the SEC, DOJ, FINRA, and state securities regulators, enabling him to deliver pragmatic strategies tailored to each client’s business objectives and reputational concerns.
Financial Services Litigation
Ed represents a wide variety of financial services institutions – including banks, broker-dealers, registered investment advisers, mutual fund firms, and insurance companies – as well as their employees, directors, and officers. He handles litigation, arbitration, regulatory proceedings, and compliance matters. Ed specializes in counseling registered representatives, financial advisors, and firms in connection with recruiting and transitions – one of the most active and strategically complex areas of the financial services market. This breadth of representation gives Ed an uncommon vantage point: he understands the playbook from every angle and can anticipate the opposing party’s strategy with precision.
White Collar Criminal Defense and Regulatory Enforcement
Ed defends companies, executives, and individuals under investigation or prosecution by federal and state enforcement and regulatory authorities. He has particular depth in high-stakes financial crime matters, including insider trading and market manipulation. Ed also conducts sensitive internal investigations designed to help clients strengthen compliance programs, remediate regulatory vulnerabilities, and position themselves favorably in negotiations with regulators.
His philosophy is simple: for many clients, the most successful outcomes are the ones that don’t make the headlines. Ed’s extensive experience guiding clients through regulatory scrutiny by the Massachusetts Securities Division and other state and federal regulators equips him to serve as a strategic counselor long before a matter reaches the courtroom.
Appellate Practice and Election Law
Ed is an accomplished appellate advocate who frequently argues before the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court. He handles constitutional challenges, administrative law disputes, complex commercial matters, and regulatory questions. Ed advises clients on all aspects of appellate strategy, including evaluating whether to appeal, framing dispositive issues, briefing, and oral argument. He regularly works with trial teams to preserve appellate issues at the earliest stages of litigation.
Ed also specializes in constitutional law, election law, and ballot initiatives under Article 48 of the Massachusetts Constitution. He has guided clients through every stage of this unique process – from pre-filing strategy and Attorney General certification proceedings to constitutional challenges before the Supreme Judicial Court. Most recently, Ed successfully challenged the proposed rent control ballot question in Cella v. Attorney General (SJC-13893, June 23, 2026), blocking the initiative from the November 2026 ballot. This expertise is available to clients on either side: parties seeking to challenge a petition on constitutional grounds, and groups seeking to support an initiative and defend it against judicial challenge.
Digital Assets and Cryptocurrency
As a member of Mintz’s FinTech, Blockchain, and Digital Assets practice, Ed counsels technology companies, digital currency issuers, private equity and venture capital firms, and individuals navigating the intersection of financial regulation and distributed-ledger technology.
He advises on the regulatory classification of tokens and digital instruments, defends clients in SEC and state enforcement actions involving digital assets, and helps emerging platforms build compliance architectures that anticipate regulatory expectations. Ed’s white collar defense experience and deep familiarity with evolving federal enforcement postures make him a trusted advisor to crypto-native clients.
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.
Experience
- Rent Control Ballot Initiative Challenge. Successfully challenged Initiative Petition 25-21 before the Massachusetts Supreme Judicial Court in Cella v. Attorney General (SJC-13893, decided June 23, 2026). The Court agreed with Ed’s argument that the petition was constitutionally barred under Article 48 because its express religious exemption made religion a factor in the petition’s application. The decision preserved the statewide prohibition on rent regulation. (Oral argument).
- Memecoin SEC Enforcement Defense Victory. Successfully defended the creators of a memecoin in an SEC enforcement investigation. Persuaded the SEC to close its investigation and decline to file an enforcement action by demonstrating that the memecoin did not constitute a security.
- $30+ Million Fraud Scheme—CFO Defense. Represented the CFO charged in a $30-million-plus fraud scheme and secured a disposition substantially more favorable than the Federal Sentencing Guidelines recommended. The sentencing judge remarked that he was “frankly surprised that [CFO’s] counsel was able to negotiate such a favorable agreement.”
- No Jail Time For Serious Charges – Successfully argued at sentencing for no jail time for a client charged with serious drug distribution crimes who was facing more than twenty years in prison.
- College Admissions Prosecution. Secured an acquittal after trial for a parent charged in the college admissions prosecution.
- DOJ Investigation—Registered Investment Adviser. Successfully represented a Registered Investment Adviser in a DOJ investigation.
- Appellate Reversal for Multinational Insurer. Guided appellate strategy and briefing resulting in a rare reversal of summary judgment in the Massachusetts Appeals Court on behalf of a major multinational insurer. The case involved $30 million in liability claims related to the Telephone Consumer Protection Act exclusion and regulatory disclosure requirements.
viewpoints
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.
“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
Litigator of the Week Runners-Up and Shout-Outs
June 26, 2026
Elissa Flynn-Poppey and Edmund Daley were recognized with a ‘shout-out’ for Litigator of the Week by The American Lawyer’s Litigation Daily for securing a significant victory before the Massachusetts Supreme Judicial Court. The court ruled that a proposed statewide rent control ballot initiative could not appear on the ballot because it would have impermissibly considered religion in determining whether a property was subject to rent control under the Massachusetts Constitution.
'We Got It Wrong': Mass. Top Court Throws Out Rent Control Initiative in Latest Election Ballot Ruling
June 24, 2026
Elissa Flynn-Poppey and Edmund Daley were featured in a Law.com article about a significant victory they secured before the Massachusetts Supreme Judicial Court, which ruled that a proposed statewide rent control ballot initiative could not appear on the November ballot. The court held that the measure violated Article 48 of the Massachusetts Constitution because it made religion a factor in the law’s application by including an exemption for facilities that are operated solely for religious purposes.
Elissa Flynn-Poppey and Edmund Daley were quoted in a Law360 article about a significant victory they secured before the Massachusetts Supreme Judicial Court. The ruling held that a proposed statewide rent control ballot initiative could not appear on the November ballot because it would have impermissibly considered religion as a factor in the law’s application.
An article by Edmund Daley, Pete Michaels, and Elizabeth Platonova about a new FINRA Regulatory Notice was published by Law360. The article discusses key changes that the notice presents, including shifting a significant burden to member firms to determine when the use of negative consent is appropriate.
Mintz Elevates Twelve New Partners
December 17, 2025
Mintz announces the elevation of 12 attorneys to its partnership ranks across the US and Canada, effective January 1, 2026. These promotions build on the firm’s growth in 2025, which included 14 lateral partners spanning the firm’s geographies.
173 Mintz Attorneys Across 53 Practice Areas Recognized by The Best Lawyers in America 2026
August 28, 2025
173 Mintz attorneys across 53 practice areas have been recognized by Best Lawyers® in the 2026 edition of The Best Lawyers in America©. Five Mintz attorneys received 2026 “Lawyer of the Year” awards, and 61 firm attorneys were included in the 2026 edition of Best Lawyers: Ones to Watch.
23 Mintz Attorneys Named to Boston Magazine’s “Top Lawyers” List
November 22, 2024
23 Mintz attorneys have been named to Boston Magazine’s 2024 “Top Lawyers” list.
Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
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.
Publications
Recognition & Awards
Best Lawyers in America Ones to Watch: Commercial Litigation, Criminal Defense: White-Collar (2022 – 2026)
Massachusetts Super Lawyers: Rising Star – Criminal Defense: White Collar (2022 – 2025)
Massachusetts Super Lawyers: Rising Star – Business Litigation (2019 – 2021)
Boston Magazine: Top Lawyers – Commercial Litigation (2022 – 2024)
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
Elissa Flynn-Poppey and Edmund Daley were recognized with a ‘shout-out’ for Litigator of the Week by The American Lawyer’s Litigation Daily for securing a significant victory before the Massachusetts Supreme Judicial Court. The court ruled that a proposed statewide rent control ballot initiative could not appear on the ballot because it would have impermissibly considered religion in determining whether a property was subject to rent control under the Massachusetts Constitution.
Elissa Flynn-Poppey and Edmund Daley were featured in a Law.com article about a significant victory they secured before the Massachusetts Supreme Judicial Court, which ruled that a proposed statewide rent control ballot initiative could not appear on the November ballot. The court held that the measure violated Article 48 of the Massachusetts Constitution because it made religion a factor in the law’s application by including an exemption for facilities that are operated solely for religious purposes.
Elissa Flynn-Poppey and Edmund Daley were quoted in a Law360 article about a significant victory they secured before the Massachusetts Supreme Judicial Court. The ruling held that a proposed statewide rent control ballot initiative could not appear on the November ballot because it would have impermissibly considered religion as a factor in the law’s application.
