Back to Professionals

Damien C. Powell serves as counsel to Hinckley Allen’s Litigation group, where he brings over 15 years of experience representing businesses and individuals in complex civil litigation and white-collar criminal actions before state and federal courts, and administrative agencies.

Damien’s civil litigation experience is broad, having represented clients in a variety of industries including health care, financial services, real estate, education, manufacturing, alcohol, and cannabis. His experience encompasses representing clients at every stage of litigation in disputes involving contract, tort, forfeiture, summary process, and employment-related claims.

Damien has extensive experience advising and representing health care companies and professionals in investigations and litigation involving the False Claims Act, the Stark Law, the Anti-Kickback Statute, the Food Drug and Cosmetic Act, and HIPAA. He also regularly defends clients facing audits and overpayment demands by Medicare, Medicaid, and private commercial insurers. Damien’s health care clients have included hospitals, skilled nursing facilities, ambulatory surgery centers, behavioral health providers, addiction treatment centers, ambulance and other transportation providers, insurance plans, laboratories, durable medical equipment suppliers, peer review bodies, health care professionals, medical groups, and independent physician organizations.

Damien also has a wide range of experience conducting internal investigations and assisting clients in responding to grand jury subpoenas, civil investigative demands, and administrative demand letters. He also frequently counsels clients on compliance, corporate governance, licensing, data security, and employment issues.

A portion of Damien’s practice also involves representing professionals and students in disciplinary, licensing, and regulatory proceedings.

Experience

  • 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
  • Represented a 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 $2M award
  • Defended a home health agency executive indicted for Medicaid Fraud; ultimately obtained dismissal of criminal charges and persuaded professional licensing board to not terminate or suspend client’s professional license
  • Spearheaded internal investigation for public company’s special litigation committee of alleged Foreign Corrupt Practices Act violations
  • Defended drug manufacturer in commercial contract and trade secret litigation, and won dismissal of all claims
  • Member of trial team that represented client in sixteen-day trial and won significant appeal in Big Dig criminal case
  • Defended a prominent attorney in a federal fraud investigation; ultimately succeeded in persuading prosecutors not to bring criminal charges
  • 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
  • Successfully defended numerous college and graduate students in disciplinary proceedings involving allegations of plagiarism, sexual assault, hazing, assault and battery, and stalking

Credentials

Work Experience

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

Honors & Awards

  • Super Lawyers®
    • Massachusetts (2017-2020)
    • Rising Star, Massachusetts (2014-2015)
  • Massachusetts Lawyers Weekly, Up & Coming Attorney, 2014

Charitable & Civic Involvement

  • Pro bono representation of prisoner in a federal civil rights litigation
  • Volunteer for Massachusetts Bar Association Dial-a-Lawyer Program
  • 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

Speaking Engagements

  • Quoted in “Info From Journalists Isn’t ‘Work Product,’” Massachusetts Lawyers Weekly (2019)
  • Chair, “Emerging Issues in Discovery Practice,” MCLE (2018)
  • Chair, “Emerging Issues in Discovery Practice: Social media is exploding—harness its power,” MCLE (2017)
  • Panelist, “Healthcare Fraud 2016: Government and Defense Perspectives,” Boston Bar Association (2016)
  • Moderator, “Drafting and Answering Complaints,” Boston Bar Association (2016)
  • Panelist, “Summer Success Guide for Law Clerks,” Boston College Law (2016)
  • Panelist, “Responding to Government Subpoenas,” Boston Bar Association (2015)
  • Panelist, “Careers in Healthcare Law,” Boston College Law (2014)

News & Insight

Firm News

Hinckley Allen Expands Litigation Group with Eight Lateral Hires from Barrett & Singal

January 5, 2021

Hinckley Allen today announced that eight trial lawyers from Barrett & Singal have joined the Firm, including Co-Chairs of Barrett & Singal’s Litigation group, Co-Chairs of its Research Misconduct group, and its General Counsel. All eight new hir…

Testimonials

  • “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