Jennifer Orr Mitchell

Partner

Jen has over 25 years of experience in representing health care industry clients and focuses her practice on complex health care litigation and class actions, cybersecurity, data breach incident response, investigations and regulatory compliance. Jen is the firm’s privacy officer and leads the firm’s health care privacy and cybersecurity practice and initiatives.

She has significant experience leading the defense of health care entities in data breach class actions, False Claims Act (FCA) lawsuits and investigations, ERISA class actions and other litigation and enforcement actions involving claims against health care providers, health plans, and others in the health care and life sciences industries. Her litigation practice involves handling lawsuits in federal and state courts nationwide.

In her cybersecurity practice, she works with clients in all industries to respond to incidents when they occur and minimize the risk of privacy and data security breaches. She guides clients through all aspects of privacy and security compliance, incident response, governance, audits/investigations, enforcement actions, breach analyses, training, and strategic planning. She has a thorough understanding of federal and state privacy and data security laws and has served as a health care privacy law expert witness. Jen is a frequent presenter on cybersecurity and privacy topics.

Within the constantly evolving health care legal landscape, she provides guidance to clients across the health care industry about how to comply with the HIPAA regulations, federal and state anti-kickback laws, the Stark law, Medicare/Medicaid rules and regulations, the Affordable Care Act, FDA and ADA regulations, telemedicine, and other laws, rules and regulations impacting their businesses.

Jen also has an active investigations practice. She conducts health care due diligence, compliance audits and investigations for clients nationwide, and represents them when they are under investigation by federal and state authorities for data breaches, health care fraud and abuse, and other regulatory non-compliance.

Credentials

Education

University of Akron School of Law (J.D., cum laude, 1998)

Miami University (B.A., 1995)

Bar admissions

  • Ohio
  • Kentucky

Court admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of Kentucky
  • U.S. District Court for the Eastern District of Wisconsin

Affiliations and memberships

  • Xavier University, Cincinnati, Ohio
    • Adjunct professor of Health Law & Policy
  • University of Cincinnati
    • Former adjunct professor in Health Law & Policy in the Graduate Program in Health Services Administration at the College of Allied Health Sciences
  • American Bar Association
    • Health Law Section
    • Vice chair, eHealth Privacy & Security
  • Association of Defense Trial Attorneys
    • Ohio State chair
    • Membership vice chair
    • Chair of We Prefer to Refer (WPTR) Committee
  • Cincinnati Bar Association, Health Law Committee vice chair
  • LifeCenter Organ Donor Network, Board of Directors
  • American Heart Association, Greater Cincinnati Heart Ball Executive Leadership Team
  • YWCA Rising Stars Alumnae Committee
  • United Way WINGs and Roebling Society
  • American Health Lawyers Association
  • Defense Research Institute
  • Society of Ohio Healthcare Attorneys
  • The University of Akron School of Law, Legal Writing former adjunct professor
  • Cincinnati USA Regional Chamber
    • Leadership Cincinnati Class 40 (2016 – 2017)
    • WE Lead Class 9 (2014 – 2015)
  • Board of Children, Inc., Board of Directors

Distinctions

  • Potter Stewart American Inn of Court, barrister
  • Forty Under 40, from the Cincinnati Business Courier (2007)
  • YWCA Women of Achievement Rising Star (2007)
  • YWCA Rising Stars Board Leadership Program (2008)
  • Best Lawyers®
    • “Lawyer of the Year” in Cincinnati for Litigation – Health Care (2022)
    • Health Care Law, Litigation – Health Care (2021-2024)
  • Go-To Thought Leadership Award from National Law Review (2018)

Career Highlights
  • Defense of Data Breach Class Actions

    Representation of health care and other industry clients in data breach class action litigation in both federal and state courts, drawing upon extensive expertise in litigation, data privacy and security laws and regulations, and data breach incident response and remediation, achieving dismissal of claims, successful narrowing of classes and prevailing on class certification, and favorable resolutions for clients up to and including outright dismissal.

  • Representation of Health Care Clients in OCR/HIPAA Enforcement Actions and Investigations

    Representation of numerous health care clients in OCR investigations relating to alleged HIPAA violations. The vast majority of these investigations have resulted in OCR deciding either: 1) no breach or violation occurred or 2) to close its investigation after the client’s response and documentation were provided.

  • Representation in Cyber Incident Response and Remediation

    Representation of private and governmental entities in all aspects of cyber incident response, including working with federal and state authorities, conducting forensic investigations, guiding mitigation and remediation efforts, ensuring compliance with federal and state notification and other regulatory obligations and enforcement actions.

Publications
  • January 21, 2026

    Part 2 Privacy Compliance Deadline Approaching: Is Your Organization Ready?

  • August 18, 2025

    HIPAA FAQs Updated to Support “Make Health Tech Great Again” Initiative

  • July 25, 2025

    Recent OCR Settlements Emphasize the Need for Thorough HIPAA Risk Analysis

  • January 8, 2025

    New Year, New HIPAA Security Rule?

  • November 27, 2024

    Deadline Approaching for Compliance with New HIPAA Reproductive Health Care Privacy Rule

  • October 12, 2023

    Blackbaud Reaches $49.5 Million Multistate Settlement Over Data Breach

  • September 20, 2023

    OCR Investigation Results in $1.3 Million Settlement, Updated Risk Assessment Tool Published

  • June 30, 2023

    Supreme Court Backs DOJ’s FCA Dismissal Power; Dissent Questions Relator’s Role in Declined Cases

  • June 2, 2023

    The Supreme Court Clarifies the Meaning of “Knowingly” Under the False Claims Act

  • May 25, 2023

    Settlement Reached After 200,000 Affected by HIPAA Breach

News
  • December 11, 2025

    Dinsmore Named NetDiligence® Breach Coach® Law Firm

  • August 21, 2025

    260 Dinsmore Attorneys Listed as 2026 Best Lawyers®, Ones to Watch

  • August 15, 2024

    250+ Dinsmore Attorneys Named 2025 Best Lawyers ®, Ones to Watch

  • August 17, 2023

    200+ Dinsmore Attorneys Named 2024 Best Lawyers®, “Ones to Watch”

  • August 18, 2022

    2023 Best Lawyers® List Recognizes 190 Dinsmore & Shohl Attorneys

  • August 19, 2021

    23 Dinsmore Attorneys Named ‘Lawyer of the Year’ by Best Lawyers®

  • August 20, 2020

    Best Lawyers® Recognizes 180 Dinsmore & Shohl Attorneys

Events
  • October 29, 2024

    Dinsmore Webinar: Don’t Be the Next Change Healthcare

  • January 16, 2021

    Dinsmore’s Annual Continuing Legal Education Seminar