Damien C. Powell

Research Compliance & Integrity

• Represented prominent scientist accused of failing to disclose financial conflicts of interest arising out of alleged participation in China’s Thousand Talent Program.
• Successfully resolved workplace harassment/bullying investigation against tenured professor arising out of misconduct allegations by postdoctoral researchers and fellow faculty members.
• Represented principal investigator accused of inappropriately utilizing a sub-award and violating compliance with Institutional Review Board protocol. Following a full investigation, client found not responsible for any misconduct.
• Defended university diversity, equity, and inclusion (DEI) official in institutional misconduct proceeding following accusations of plagiarism by conservative activist.
• Conducted an internal investigation for a health/lifestyle app addressing allegations of federal grant mismanagement, submission of false claims to NIH, and retaliation.

Health Care — Government Investigations and Civil Litigation:

• Successfully resolved multimillion-dollar federal and state False Claims Act investigation into transportation provider.
• Represented national health care company in a multimillion-dollar voluntary self-disclosure to the Office of Inspector General.
• Successfully settled a wide-ranging federal false claims investigation against a skilled nursing company relating to rehabilitation therapy.
• Member of trial team that successfully represented clients in four-week breach of contract jury trial resulting in a multimillion dollar award.
• Successfully defended nursing home chain against allegations of elder abuse and reached favorable settlement of consumer protection and related claims.
• Defended a distributor of personal protective equipment (PPE) in a federal investigation arising out of the procurement of N95 respirator masks, ventilators, and hand sanitizer.
• Defended an adult day health care provider in a wide-ranging Medicaid fraud investigation by state attorney general’s office; ultimately obtained a noncriminal disposition of the case.

White-Collar Litigation:

• Successfully represented an individual charged in a high-profile national security matter with making false statements to the FBI and engaging in a scheme to conceal material information, and secured a sentence of no jail time. Convinced the federal judge to allow the defendant to complete his collegiate education while on supervisory release in a foreign country.
• Member of trial team that represented client in sixteen-day trial and won significant appeal in Big Dig criminal case.
• Obtained complete dismissal of Medicaid fraud charges against heath care executive.
• Defended a prominent attorney in a federal fraud investigation; ultimately succeeded in persuading prosecutors not to bring criminal charges.

Alcohol:

• Drafted Massachusetts Ballot Question 3, Changes to Retail Licensing Initiative, and successfully defended against legal challenges.
• Successfully represented several alcohol retailers against claims of federal copyright infringement relating to online advertising.
• Represented community opposition in licensing/zoning challenge to siting of large out-of-state alcohol retail chain in Boston.
• Drafted amicus briefs challenging the constitutionality of ballot question that would remove chain store liquor license caps.

Business and Intrafamily Litigation:

• Member of trial team that successfully represented clients in four-week intrafamily litigation concerning division and value of real estate, resulting in jury verdict in excess of $2M for client.
• Successfully represented hospital and large physician network in multiyear litigation alleging healthcare whistleblowing claims.
• Defended drug manufacturer in commercial contract and trade secret litigation, winning dismissal of all claims.
• Successfully defended trustee and beneficiary in intrafamily litigation involving $10M estate.

Internal Investigations:

• Spearheaded internal investigation for public company’s special litigation committee of alleged Foreign Corrupt Practices Act violations.
• Conducted extensive internal investigation into business and billing practices of large outpatient therapy provider

Student and Professional Disciplinary and Licensing:

• Represented student at Ivy League university in case involving sexual assault charges; client found not responsible after multi-day school disciplinary hearing.
• Successfully defended graduate student charged with hazing, assault and battery and stalking, obtaining a finding of not responsible after disciplinary hearing.
• Following a 2-day evidentiary hearing, obtained a not responsible finding for client charged with several Title IX sexual harassment violations and related violations of the university’s code of conduct.
• Successfully negotiated resolution for student charged with plagiarism, resulting in no disciplinary finding or record.
• Represented school psychiatrist accused of failing to report sexual abuse at prominent boarding school; case resolved with no discipline by state licensing board.
• Successfully defended numerous physicians in disciplinary proceedings involving allegations of substance abuse, sexual assault, assault and battery, and misstatements and/or omissions on licensing applications.

Work Experience

• Hinckley Allen
  • Partner (2022-Present)
  • Counsel (2021)
• Barrett & Singal
  • Partner (2006-2020)
• Massachusetts Superior Court
  • Law Clerk (2005-2006)

Honors & Awards

• Best Lawyers in America® (2023-2026)
  • Criminal Defense: White-Collar
  • Litigation — Health Care
• Super Lawyers, Massachusetts
  • Criminal Defense: White Collar
  • Super Lawyers (2017-2025)
  • Rising Stars (2014-2015)
• Massachusetts Lawyers Weekly, Up & Coming Attorney (2014)

Charitable & Civic Involvement

• Board of Directors and Clerk of MetroWest Legal Services
• Former Guardian ad Litem in Suffolk Juvenile Court

Professional Affiliations

• Massachusetts Bar Association
• Boston Bar Association

Bar Memberships

• Massachusetts
• United States District Court for the District of Massachusetts
• United States Court of Appeals for the First Circuit

• “There could not have been a better person to take on my case and the list of things that I am thankful to you for is far too long to list. However, if I were to pick the first things that come to mind, thank you for your knowledge, your patience, your humor, and your support. Thank you for playing the primary role in getting me through an incredibly terrifying situation and making it possible for me to rebuild my career.” – Health care professional, charges dismissed

• “I can’t thank you enough for everything you’ve done for me. Your assistance has been immeasurable during these past months. … The advice you gave me and all your help were instrumental to achieving the successful result. … You’ve had an incredible impact on my life and I hope to someday be as competent in my job as you.” – College student, discipline avoided