Ed 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 & 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 & 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 & Cryptocurrency
As a Member in 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 Honorable 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 Honorable 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 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 20 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
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.
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.
“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|
Rent Ballot Measure Can't Go to Voters, Mass. Justices Say
June 23, 2026|
FINRA Guide Refines Rules of the Road for Negative Consent
March 3, 2026|
Mintz Elevates Twelve New Partners
December 17, 2025|
23 Mintz Attorneys Named to Boston Magazine’s “Top Lawyers” List
November 22, 2024|
Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto
February 13, 2024|
AI Regulation in 2024 and Beyond
January 9, 2024|
Twenty-Five Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 21, 2023|
Mass. Robinhood Ruling Will Affect Broker-Dealers Nationwide
September 20, 2023|
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|
Who Will Be The Crypto Regulator And Why It Matters
December 2, 2022|
Twenty-Eight Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 22, 2022|
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

