Damien C. Powell is a partner with the Litigation group at Hinckley Allen. He has built a career successfully representing healthcare institutions, providers, physicians, and drug manufacturers in high-stakes cases involving wide-ranging federal false claims, federal investigations, Medicaid fraud, breach of contract, data security breaches, cyber-attacks, and trade secret litigation. As one of the Best Lawyers in America® in Criminal Defense: White-Collar and recognized in Super Lawyers® for Massachusetts, Damien is known for his representation of clients in complex civil and white-collar criminal actions at every stage of litigation. Not only does he win damages and successfully dismiss claims for his clients, but he also mitigates damage to reputations that could result in business closure for adult daycare centers, home health agencies, and skilled nursing companies.
Damien’s work has won millions of dollars in awards in cases before state and federal courts and administrative agencies. He successfully defended a nursing home chain against allegations of elder abuse, a home health agency executive, and an adult day care provider in Medicaid Fraud indictments and investigations. His ability to craft powerful, nuanced cases has persuaded professional licensing boards not to terminate or suspend a client’s professional license, persuaded prosecutors not to bring federal charges against a prominent attorney, and won the dismissal of all claims against a drug manufacturer in commercial contract and trade secret litigation.
Damien was a member of the trial team that represented a client in a 16-day trial winning a significant appeal in a Big Dig criminal case. His vigorous defense of college and graduate students has protected them against allegations of plagiarism, sexual assault, hazing, assault, battery, and stalking.
Damien’s extensive experience also includes the niche realms of alcohol law and intrafamily litigation. He drafted Massachusetts Ballot Question 3, changes to Retail Licensing Initiative, and successfully represented clients against claims of federal copyright infringement, and licensing and zoning challenges. His adept handling of highly emotional, highly complex intrafamily disputes has won millions of dollars defending trustees and beneficiaries of a real estate inheritance.
A seasoned and highly skilled defense attorney, Damian has argued before the United States District Court for the District of Massachusetts, and spearheaded internal investigations, including those for alleged Foreign Corrupt Practices Act violations.
Damien is also a committed and passionate volunteer, formerly serving as Guardian ad Litem in Suffolk Juvenile Court and providing pro bono representation of a prisoner in a federal civil rights litigation.