Mitchell is an experienced litigator whose practice centers on high-stakes disputes and appeals across a broad spectrum of industries and subject matters, including post-closing M&A disputes, data-privacy class actions, complex insurance coverage litigation, and other business disputes. Mitchell is a trusted advisor to clients navigating complex and consequential litigation. He represents private equity firms and their portfolio companies, technology companies, multinational insurers, financial services providers, and healthcare organizations.
Mitchell has experience litigating post-closing M&A disputes, including indemnification claims and allegations of fraud. He also regularly represents clients in complex business disputes involving breach of contract and business torts. On the insurance side, he advises and represents insurers in high-value insurance coverage disputes involving general liability and representations and warranties policies.
In addition, he has defended companies in a variety of industries in data privacy and consumer class actions that risk reputational and significant financial exposure, often involving cutting-edge statutory and constitutional issues. He has litigated cases under the Electronic Communications Privacy Act, the Video Privacy Protection Act, the California Invasion of Privacy Act, and other states’ privacy statutes.
Mitchell counsels clients through all phases of litigation, from pre-suit investigation and discovery to dispositive motions, trial, and appeal. He has authored dozens of briefs in federal and state courts around the country. As a member of the firm’s appellate practice, Mitchell draws on his experience clerking for two federal judges to navigate complex legal issues in critical motions at the trial court, establish a clean record for appeal, and defend success—or correct course—in appellate courts. Mitchell also maintains an active pro bono practice focused on appellate advocacy, including amicus briefs to courts of appeal and the U.S. Supreme Court.
Before joining Mintz, Mitchell served as a law clerk to the Honorable O. Rogeriee Thompson of the United States Court of Appeals for the First Circuit and to the Honorable Alvin W. Thompson of the United States District Court for the District of Connecticut. During law school, Mitchell served as managing editor of the Boston College Law Review and was a member of the National Moot Court Team. He and his teammate also won the Wendell F. Grimes Moot Court Competition.
Mitchell is an experienced litigator whose practice centers on high-stakes disputes and appeals across a broad spectrum of industries and subject matters, including post-closing M&A disputes, data-privacy class actions, complex insurance coverage litigation, and other business disputes. Mitchell is a trusted advisor to clients navigating complex and consequential litigation. He represents private equity firms and their portfolio companies, technology companies, multinational insurers, financial services providers, and healthcare organizations.
Experience
- Secured summary judgment in New York State Supreme Court Commercial Division on behalf of RxSense, a pharmaceutical benefits manager, in a complex contract and licensing dispute with a vendor.
- Secured a post-trial victory on behalf of private equity firm Brentwood Associates in a complex post-closing M&A dispute arising from Brentwood’s acquisition of software company Service Management Group (“SMG”).
viewpoints
Losing Your International Shoe: Corporations May Waive Contacts-Based Personal Jurisdiction in Consent-by-Registration States
July 13, 2023 | Blog | By John Dougherty, Mitchell Clough
Late last month the Supreme Court of the United States opened the door to a potential sea change in personal jurisdiction over corporate entities. In Mallory v. Norfolk Southern Railway Company, the Court held that any corporation registered to do business in a state which requires out-of-state businesses to consent to general personal jurisdiction waives its right to assert a Due Process challenge to jurisdiction in that state. Thus, businesses registered to do business in such states can be sued there, even if none of the events underlying the lawsuit took place in that state.
News & Press
Pharma Faces Deadline to Bring IRA Fight to Supreme Court as First Set of Negotiated Prices Looms
November 25, 2025
Endpoints News featured commentary from Mitchell Clough in an article about the impending deadline for two major drugmakers to appeal Inflation Reduction Act challenges to the US Supreme Court as the first set of negotiated Medicare drug prices is scheduled to take effect on January 1, 2026. While many experts doubt that the Supreme Court will intervene before the January deadline, companies may still hope for eventual rulings that could invalidate or reshape the program.
Is Pharma’s IRA Pricing Battle Running Out of Steam?
September 26, 2025
PharmaVoice quoted Associate Mitchell Clough in an article about a recent string of court losses for pharmaceutical companies in cases challenging drug price negotiations created under the Inflation Reduction Act, which could make their way to the Supreme Court docket soon.
Mintz secured a judgment of more than $13 million on behalf of the private equity buyer of a software company in an acquisition dispute involving breach of contract and fraud claims. The judgment marks a comprehensive victory for our client, which prevailed on all claims.
Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.
Mintz recently filed an amicus brief urging the US Supreme Court to protect access to emergency care for pregnant women under the federal Emergency Medical Treatment and Labor Act (EMTALA) in the consolidated cases Idaho v. United States and Moyle v. United States that the Court will hear on April 24th.
Mitchell is an experienced litigator whose practice centers on high-stakes disputes and appeals across a broad spectrum of industries and subject matters, including post-closing M&A disputes, data-privacy class actions, complex insurance coverage litigation, and other business disputes. Mitchell is a trusted advisor to clients navigating complex and consequential litigation. He represents private equity firms and their portfolio companies, technology companies, multinational insurers, financial services providers, and healthcare organizations.
Recognition & Awards
Massachusetts Super Lawyers: Rising Star - Business Litigation (2024-2025)

