Our Team

Davis Powell

Partner

O  804.806.4818

M 804.664.5992

dpowell@byrnecanaanlaw.com

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Davis Powell focuses his practice on defending health care providers and other professionals in complex criminal, civil, and regulatory litigation. As a former prosecutor, Davis has significant experience in both the courtroom and in government investigations. Davis also recently served as in-house counsel to a publicly-traded tech company, where he managed a broad range of litigation matters and led sensitive internal investigations.

With his diverse set of experiences, Davis is uniquely situated to advise clients in government investigations and complex litigation. He regularly represents health care providers and their practices when facing government investigations for allegations ranging from improper prescribing to health care fraud. Davis also assists health care clients investigate and respond to whistleblower claims brought under the False Claims Act (“FCA”).

Davis has represented clients facing white collar criminal investigations led by federal and state government agencies such as the U.S. Department of Justice, the Drug Enforcement Administration, and the Virginia Department of Health Professions. Davis also has significant courtroom experience, having represented clients in both criminal and civil cases in federal and state courts across Virginia. He routinely appears in the U.S. District Court for the Eastern District of Virginia (also known as the “Rocket Docket”), where he serves as court-appointed counsel for indigent defendants in serious criminal matters.

In addition to his government investigations and white collar practice, Davis represents health care providers in complex medical malpractice cases. He has represented providers with a wide variety of specialties including obstetrics, neurosurgery, and orthopedics. Additionally, Davis has handled a variety of general commercial litigation and arbitration matters, including breach of contract and business tort claims. Davis has experience in all phases of the litigation process and has delivered successful outcomes before both judges and juries.

Davis is also involved in a number of bar associations and professional organizations, including the Virginia Bar Association, where he currently serves as Chair of the Criminal Law Section. He received his undergraduate degree from the University of Georgia and his law degree from the University of Richmond.

Practice Areas

  • Health care Investigations & Enforcement Actions

  • Medical Malpractice Defense

  • White Collar & Government Investigations

  • False Claims Act (“FCA”) and Qui Tam Litigation

  • Controlled Substances Act (“CSA”) Violations

  • Criminal Defense

  • Risk Management

Licensure

  • Virginia

  • U.S. District Court, Eastern District of Virginia

  • U.S. District Court, Western District of Virginia

  • United States Court of Appeals for the Fourth Circuit

Academic Credentials

  • University of Georgia, B.A.

  • University of Richmond School of Law, J.D.
    Moot Court Board; Bridge to Practice Public Service Fellowship (2012)

Career Highlights

  • Recognized in the 2021, 2022 & 2023 editions of Best Lawyers “One to Watch” for Criminal Law: White Collar, Health Law, Medical Malpractice – Defense.

  • Recognized in 2020 & 2021 “Virginia Legal Elite” for Criminal Law by Virginia Business Magazine.

Associations and Professional Memberships

  • Virginia Bar Association, Chair, Criminal Law Section

  • American Health Lawyers Association

  • John Marshall Inn of Court

  • Richmond Bar Association

  • Virginia Association of Defense Attorneys

  • Virginia State Bar

Publications

  • “Medical Malpractice in the COVID-19 Era: How will the Illusive COVID-19 Standard of Care and Virginia’s Immunity Statutes Affect Future Cases?” Virginia Lawyer Magazine, October 2020.

  • “As Opioid Strike Force Comes to Virginia, What Prescribers Need to Remember” Virginia Medical Law Report, May 2019.

  • “Gov’t Signals sea Change on Healthcare False Claims,” Virginia Medical Law Report, March 2018; also reprinted in Virginia Lawyers’ Weekly, March 2018.

Speaking Engagements

  • “Protecting your Practice: A Legal Perspective for Virginia Prescribers and Pharmacists.” One Care of Southwest Virginia Educational Forum on Substance Abuse Disorders, 2021 - 2022

  • “Medical Malpractice in Virginia,” Hospital System Surgery Department Grand Rounds, October 2020

  • “Prescription Drug Abuse: A Legal Perspective” Educational Forum on Substance Use Disorders: Prescribing, Prevention, and Practical Applications to Practice, Virginia hospital system, 2020

  • “Medical Malpractice Liability in the COVID-19 Era”, Virginia Association of Family Physicians, July 2020

  • “Virginia Criminal Law and Procedure for the Virginia Health Care Provider” OB-GYN Practice Group, November 2019

  • “Federal and State Response to the Opioid Crisis” Virginia Bar Association White Collar Criminal Law Forum, Panel Member, Compliance and the Defense Perspective, October 16, 2018

  • “Everything the Health Care Provider Should Know about the Practical Aspects of Virginia Criminal Process and Procedure” Hospital System, December 2018

  • “Virginia’s New Opioid Prescribing Laws & Regulations” Physician Practice, September 2017