Daniel J. Mitchell Daniel J. Mitchell

Daniel J. Mitchell


Meet Dan, seasoned litigator, data security guru, and passionate advocate for his clients.

Daniel J. Mitchell


207 228-7202 direct
207 774-1200 main
207 774-1127 facsimile

100 Middle Street
PO Box 9729
Portland, ME 04104-5029

Litigation & Dispute Resolution Practice Group
Data Security Team

  • Recognized by Chambers USA and Best Lawyers in America
  • Rated AV Preeminent by Martindale-Hubbell

Here’s why you’ll enjoy working with him.

The co-chair of Bernstein Shur’s Litigation & Dispute Resolution practice group and Data Security Team, Dan represents businesses and individuals in a broad range of matters, from large-scale commercial and products liability litigation to significant personal injury cases. Dan also uses his expertise in data security and privacy law to advise his clients on dealing with a host of issues in these emerging areas. With nearly two decades of litigation and trial experience, Dan has an in-depth knowledge of the state and federal courts and is widely respected as a confident, compelling, and ethical counselor.

But that’s not all. Dan is also very experienced in:

  • Disputes involving securities brokers and their customers
  • Asbestos litigation throughout the New England states
  • Cases brought before Maine’s Business and Consumer Court
  • Consumer class actions
  • Medical malpractice cases
  • Legal malpractice cases
  • Civil claims brought under the Racketeer Influenced and Corrupt Organizations (RICO) Act

In his former life, Dan:

  • Served as a law clerk to the Honorable David G. Roberts, associate justice of the Maine Supreme Judicial Court
  • Was on the legislative staff of US Senator John H. Chafee (R-RI)

When Dan isn’t working, he is…

Working on increasing his free-throw percentage. He also loves spending time with his wife and two sons, especially if it involves hiking or fishing anywhere in Maine. Dan and his family are very active in their church and he is on the Board of Trustees of the Catholic Foundation of Maine.

Representative Matters

Patco Construction Co., Inc. v. People’s United Bank, 684 F.3d 197 (1st. Cir. 2012) (security procedures for electronic banking)

Sabina, et al. v. JP Morgan Chase, et al., 2014 WL 5489447 (D. Me. 2014) (federal jurisdiction under the Class Action Fairness Act)

MyFreeMedicine.com, LLC v. Alpine Investors, 739 F.Supp.2d 8 (D. Me. 2010) (RICO)

New England Surfaces v. DuPont, 558 F.Supp.2d 116 (D. Me. 2008) (attorney’s fees as sanction)

Mank v. Green, 350 F.Supp.2d 154 (D. Me. 2004) (ERISA)

Abington Constructors v. Madison Paper, 215 F.3d 1311 (1st Cir. 2000) (quantum meruit recovery)

Tolliver v. Dept. of Transportation, 948 A.2d 1223 (Me. 2008) (discretionary function immunity)

North Sebago Shores, LLC v. Mazzaglia, 926 A.2d 728 (Me. 2007) (scope of a beach easement)


JD, University of Maine School of Law, 1996, magna cum laude
Member, Maine Law Review
BA, University of Rhode Island, 1989

Admitted to practice
States of Maine and New Hampshire
Commonwealth of Massachusetts
US District Court, Districts of Maine, Massachusetts, and New Hampshire
US Court of Appeals, First Circuit and Federal Circuit


Maine Bar Association
Federal Bar Association – Maine Chapter (Charter Member)
Maine Trial Lawyers Association, Board of Governors
New Hampshire Bar Association
Maine Fee Arbitration Commission (Panel Hearing Member)
Catholic Foundation of Maine (Board of Trustees)
Brown Elementary School Junior Achievement Volunteer (since 1999)