Daley R. Epstein

Daley Epstein advises clients on matters at the intersection of litigation, regulation and emerging technology.

Ms. Epstein represents blockchain, cryptocurrency, artificial intelligence and other technology companies, as well as their founders, executives, corporate boards and investors, in high-stakes, complex commercial litigation and regulatory matters worldwide. She draws on her deep understanding of the evolving regulatory environment for crypto and other emerging technologies and employs a creative, solutions-oriented approach to help clients navigate novel legal issues and achieve their business objectives.

As part of her litigation and investigations practice, Ms. Epstein represents clients defending against and initiating complex cases involving blockchain technology and digital assets. She routinely defends global crypto exchanges and other market participants in multi-agency investigations. Her matters frequently involve issues of first impression.

In the regulatory arena, Ms. Epstein helps clients mitigate legal and regulatory risk while maximizing business objectives. She regularly advises on issues unique to cryptocurrency, including stablecoins, staking, DAO liability, token design and pseudonymity in decentralized finance.

Ms. Epstein maintains strong relationships with regulators, policymakers and other stakeholders across the blockchain sector, having advised clients in the industry for nearly a decade. She is regularly invited to appear at conferences and speak to corporations, law schools and other interested parties about blockchain and cryptocurrency regulation.

In recognition of her work, Ms. Epstein has been repeatedly recognized as one of Best Lawyers’ Ones To Watch in America for Commercial Litigation and was also named a Top Attorney Under 40 by The Cardozo Society.

Before joining Skadden, Ms. Epstein served as in-house counsel to one of the world’s largest cryptocurrency exchanges. In this role, she counseled on litigation strategy and was the primary lawyer advising on several cutting-edge product launches. She previously practiced at another international law firm, where she focused on blockchain litigation and regulatory matters.

Ms. Epstein also has experience in complex commercial litigation and government investigations involving clients in the private equity, energy, real estate, media, and food and beverage industries. She has represented clients in all stages of litigation, from initial case assessment through appeals and in mediation and arbitration.

Ms. Epstein maintains an active pro bono practice and serves on the board of AJC New York.

Her representative experience prior to and since joining Skadden includes:

• representing clients in the blockchain and digital asset technology industry in bet-the-company litigation
• advising numerous blockchain and cryptocurrency firms and founders in connection with analysis of U.S. law and regulatory issues
• defending global cryptocurrency exchanges in complex regulatory inquiries and investigations by the SEC, CFTC, DOJ, FTC, state attorneys general, and state banking and securities regulators
• representing an investor in an action against a major DeFi protocol, an affiliated foundation and a pseudonymous co-founder
• representing a global AI company as primary outside counsel regarding a variety of legal issues
• representing the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy proceedings of Voyager Digital Holdings, Inc., a publicly traded cryptocurrency company and one of the largest cryptocurrency platforms in the world
• securing a favorable settlement for a multinational payments company in an action alleging fraud, breach of contract and breach of fiduciary duties
• securing partial summary judgment on behalf of an institutional investor in a dispute over breaches of partnership agreements and fiduciary duties
• representing an investment adviser to private funds in connection with an SEC investigation into alleged violations of securities law registration provisions
• representing a registered investment adviser managing several privately offered pooled investment vehicles in an SEC examination and enforcement investigation regarding short-selling strategy and disclosures concerning a real estate investment. This investigation was closed without action
• prevailing in a bench trial on behalf of a managed services provider in an action for breach of a master services agreement
• obtaining final judgment and a permanent injunction for a global franchisor in a trademark and trade secrets action