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Edmund P. Daley

Associate

EPDaley@mintz.com

+1.617.348.4921

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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.

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.
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viewpoints

RIAs Beware: The Pitfalls When Going Straight To The (Out)Source

November 3, 2022 | Blog | By Michael Pastore, Edmund P. Daley

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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

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Could A Bored Ape + CryptoPunk + ApeCoin = A Security?

March 18, 2022 | Article | By Edmund P. Daley, Cory S. Flashner, Frank Gerratana

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The U.S. Department of Justice (DOJ) recently announced new efforts to combat constantly evolving cyber threats including the “explosion of ransomware and the abuse of cryptocurrency” and issued a warning to companies, advising them to heighten their defenses against cybercriminals and ransomware.
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Federal Jury Concludes Cryptocurrency Products NOT Securities

November 4, 2021 | Blog | By Sean T. Prosser, Edmund P. Daley

A Connecticut federal jury just answered one of the biggest questions on the minds of cryptocurrency investors, developers, and regulators – are cryptocurrencies securities? The jury concluded that Paycoin and several cryptocurrency mining-related assets are not securities.
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Perspectives

An SEC Win - US District Court Judge Rules LBRY’s LBC Token a Security
November 8, 2022
In a significant victory for the SEC, US District Court Judge Paul J. Barbadoro granted summary judgment to the SEC in what is the first enforcement action targeting a cryptocurrency not issued via an initial coin officer (“ICO”). The ...
Lawsuit Challenging Taxation of Cryptocurrency Tokens Generated Through Staking Dismissed as Moot
October 11, 2022
The early dismissal of a federal lawsuit that could have resolved whether certain cryptocurrency tokens can be taxed as federal income feels like business as usual for an industry accustomed to uncertainty. At issue in this ...
Keeping Up With Kim Kardashian’s Crypto – SEC Fines Kardashian $1.26 Million For Undisclosed Crypto Promotion
October 4, 2022
Kim Kardashian, the reality television personality, social media star, and entrepreneur has agreed to pay $1.26 million to settle the SEC’s claims that she improperly touted a crypto token without disclosing that she had been paid to ...
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Recognition & Awards

  • Best Lawyers in America "Ones to Watch": Commercial Litigation, Criminal Defense: White-Collar (2022-2023) 
  • Massachusetts Super Lawyers: Rising Star - Criminal Defense: White Collar (2022)
  • Massachusetts Super Lawyers: Rising Star - Business Litigation (2019-2021)
  • Boston Magazine Top Lawyers – Commercial Litigation (2022)
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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
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Edmund P. Daley

Associate

Boston