Daniel J. Mitchell Daniel J. Mitchell

Daniel J. Mitchell


Meet Dan, trial lawyer, 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

Legal Assistant
Robin Learned
(207) 228 – 7164

  • The Best Lawyers in America ® 2022
    Appellate Practice
    Commercial Litigation
  • Chambers USA (2021) – Litigation: General Commercial
  • AV Preeminent® – Martindale-Hubbell
  • Cyber Security Trailblazers List – National Law Journal, 2016
  • Top Ten Influencer – Bank Info Security, 2014

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

The co-chair of Bernstein Shur’s Litigation & Dispute Resolution practice group, Dan represents businesses and individuals in a broad range of matters, from large-scale commercial 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 over 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
  • Products liability cases
  • Cases brought before ME’s Business and Consumer Court
  • Consumer class actions
  • 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 ME Supreme Judicial Court
  • Was on the legislative staff of US Senator John H. Chafee (R-RI)

When Dan isn’t working, he is…

Spending time with his wife and two sons, especially if it involves hiking or fishing anywhere in ME. Dan and his family are very active in their church and he is a former member of the Board of Trustees of the Catholic Foundation of ME.

Representative Matters

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

Passamaquoddy Wild Blueberry Co. v. Cherryfield Foods, Inc., 2019 Me. Super LEXIS _ (Jan. 22, 2019) (Breach of an output contract)

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

Sabina, et al. v. JP Morgan Chase, 148 A.3d 284 (ME. 2016) (Reinstatement of a class action based on Mortgage Release Statute), 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)


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

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


ME Trial Lawyers Association (President, 2019)
ME Bar Association
Federal Bar Association – ME Chapter (Charter Member)
ME Civil Process Improvement Stakeholders Working Group
New Hampshire Bar Association
ME Fee Arbitration Commission (Past Chair)
Catholic Foundation of ME (Former Member, Board of Trustees)