Andrew Rainer is Of Counsel to BHPK Law. He has over 20 years of experience representing individuals and government entities in whistleblower cases brought under the federal and state False Claims acts, the Dodd-Frank securities whistleblower law, and the IRS tax fraud program, and has over 30 years of experience representing public and private clients in high-impact environmental and public health litigation. Andrew is one of the nation’s leading attorneys holding the tobacco industry accountable for its bad faith business practices in inducing minors to smoke cigarettes. In 2019, he and co-counsel obtained a $17.5 million verdict against R.J. Reynolds Tobacco Company, and, in 2020, obtained a $27.5 million judgment against Philip Morris. He has also secured many other multi-million dollar settlements and verdicts, including representing plaintiffs in a class action alleging race discrimination against Amtrak that resulted in a $16 million settlement. In 2022, Andrew obtained a $1 billion punitive damages verdict against Philip Morris.
A skilled litigator, Andrew is an AV-rated lawyer who has served as lead counsel in dozens of jury trials. He brought the very first whistleblower suit in Massachusetts alleging fraud by a government contractor during Boston’s Big Dig, and assisted in the federal and state government’s recovery of nearly $50 million in damages.
Andrew’s breadth of experience in both public and private service has helped shape his practice in public health and environmental litigation. As the Chief of the Massachusetts Environmental Strike Force -- a multiagency prosecution team comprised of members of the Attorney General’s Office, the Massachusetts Department of Environmental Protection, and the Secretary of Energy and Environmental Affairs -- Andrew led the prosecution against major criminal polluters. During his tenure, he headed the state’s prosecution in the case of Commonwealth v. Springfield Terminal Railways, which resulted in the largest criminal fine after trial in any environmental prosecution in Massachusetts. Andrew was also lead counsel for the Commonwealth in crafting a $7.5 million settlement in the case of Commonwealth v. Wheelabrator Technologies, Inc.
In the private sector, Andrew has represented homeowners whose properties were contaminated with toxic chemicals, and recovered millions of dollars in settlements on their behalf from the Department of Defense, General Electric, and Olin Corporation. Andrew also worked with lawyers in five other states to negotiate a settlement with 12 soft drink manufacturers to re-formulate their products to avoid the formation of benzene, a known carcinogen.
As an Assistant District Attorney in Middlesex County, Andrew prosecuted white collar criminal cases, including credit card fraud, insurance fraud, forgery, embezzlement, and perjury. Andrew has also served as counsel to the United States Senate Judiciary Committee, where he worked on legislation concerning money laundering, forfeiture, and financial privacy, and assisted in the investigation of nominees to the Supreme Court and the lower federal courts.
Honors
In addition to being named Prosecutor of the Year by the International Association of Financial Crime Investigators, Andrew has been named Lawyer of the Year by the Frank J. Murray Inn of Court. He has also been listed as a Massachusetts "Super Lawyer," as a “Best Lawyer” in Environmental Law, and has received a rating of AV-Preeminent from Martindale-Hubbell, a certification indicating that his peers rank him at the highest levels of professional excellence for both skills and ethics.
Lecturing and Publications
Andrew has been a regular lecturer on civil litigation and environmental issues, including at programs of the Boston Bar Association, the Massachusetts Bar Association, Massachusetts Continuing Legal Education, the American Bar Association, the Social Law Library, the National Association of Attorneys General, the Attorney General's Institute, the Northeast Environmental Enforcement Project, the Western States Enforcement Project, the California District Attorneys Association, and the Federal Law Enforcement Training Center, and has spoken at the following venues:
- Speaker, MBA Civil Litigation Section (Feb. 2019), discussed videotaped depositions of corporate representatives
- Speaker, Discovery in the Superior Court, Social Law Library CLE (Sept. 2018), discussed developments in the law of privilege
- Co-Chair and Panelist, MBA Consumer Advocacy Symposium (2014, 2015, 2016), discussed private attorney general suits and food litigation
- Co-Chair and Panelist, BBA Environmental Law Section (Oct. 2014), discussed presentation of visual evidence and expert testimony in environmental litigation
- Lecturer, Federal Law Enforcement Training Center (March 2014), taught on environmental criminal prosecutions
- Speaker, Taxpayers Against Fraud (Sept. 2013), on environmental false claims litigation
- Speaker, MCLE Environmental Law Conference (Jan. 2010, 2011, 2012, 2013, 2014), discussed work of the Massachusetts Environmental Strike Force
- Speaker, Northeast Environmental Enforcement Project (October 2013), discussed lead paint enforcement and prosecutions
- Speaker, California District Attorneys Association (June 2013), gave presentation on Commonwealth v. Springfield Terminal Railway Co.
- Speaker, Western States Enforcement Project (April 2012), gave presentation on Commonwealth v. Springfield Terminal Railway Co.
- Speaker, BBA Environmental Law Section (Oct. 2011), discussed Commonwealth v. Wheelabrator Saugus, Inc., the settlement of a major incinerator case
- Speaker, ABA-New England Environmental Law Developments (Sept. 2011), discussed incinerator case, Commonwealth v. Wheelabrator Saugus, Inc. and Appeals Court ruling in Commonwealth v. Springfield Terminal Railway Co.
- Speaker, AG Institute (Sept. 2011), presented an update on the law of testimonial privileges recognized in Massachusetts
- Speaker, BBA Environmental Law Section (November 2010), discussed environmental false claims litigation
- Speaker, BBA Environmental Litigation Section (June 2010), discussed work of the Massachusetts Environmental Strike Force
- Speaker, Discovery in the Superior Court, Social Law Library CLE (May 2009), discussed developments in the law of privilege
- Speaker, Northeast Environmental Enforcement Project Conference (October 2008), discussed developing prosecutions for improper disposal of medical waste
- Speaker, Boston Bar Association Environmental Section (June 2008), luncheon program on the work of the Massachusetts Environmental Strike Force
- Speaker, National Association of Attorneys General (April 2008), discussed differences between civil and criminal environmental enforcement
- Speaker, Boston Bar Association Class Action Committee (March 2008), discussed recent caselaw involving consumer class actions
- Chair, Update on Massachusetts Discovery, Boston Bar Association CLE (November 2005), addressed developments in the law of privilege and new time standards orders
- Speaker, Boston Bar Association Environmental Litigation Committee (November 2004), luncheon program on evidentiary issues in the introduction of environmental expert reports
- Co-Chair, Boston Bar Association Superior Court Bench-Bar Conference (March 2003), and moderator of panels on the budget crisis, sealing of discovery and settlement agreements, and the use of juror questions
- Co-Chair, Boston Bar Association Superior Court Bench-Bar Conference (February 2002), moderator of panels on Daubert challenges and attorney voir dire of jurors
- Speaker, Boston Bar Association Environmental Litigation Committee (February 2003), luncheon program on Lewis v. General Electric Company and environmental class actions
- Moderator, Boston Bar Association Individual Rights Section (May 2002), luncheon program on surveillance in public and private places
- Speaker, Boston Bar Association Environmental Litigation Section (April 2000), seminar on environmental justice issues
Andrew is a co-author with Judge Peter Lauriat, Elaine McChesney and William Gordon of Discovery, Volume 49 of the Massachusetts Practice series. He also authored a chapter of MCLE Deposition Manual, and has been a contributor to Massachusetts Lawyers Weekly and to the Boston Bar Journal.
News & Results
- Sept. 19, 2022: Middlesex jury awards Rainer client Armand Fontaine and his children $8 million in compensatory damages and $1 billion in punitive damages against Philip Morris USA for causing the death of Barbara Fontaine. Mass. Lawyers Weekly, Sept. 23, 2022.
- March 21, 2022: Middlesex jury awards Rainer client Robert Hunt and his children $4.2 million in damages against RJ Reynolds Tobacco Company for causing the death of Mary Margaret Hunt.
- May 11, 2020: Massachusetts Superior Court Judge Helene Kazanjian awards $27.5 million against Philip Morris USA, after finding that the company knowingly engaged in unfair and deceptive trade practices in the sale of Marlboro Lights cigarettes to Rainer client Patricia Greene.
- Sept. 26, 2019: Middlesex County jury awards Rainer client Patricia Greene and her husband Frederick Greene $9.6 million against Philip Morris USA for causing Greene’s lung cancer and permanent kidney disease. Philip Morris Hit with $9.6 Million Verdict in Massachusetts Smoker’s Trial, Law 360, Sept. 27, 2019
- May 31, 2019: Middlesex County Jury awards Rainer client James Coyne and his children $6.3 million in compensatory damages and $11.2 million in punitive damages against R.J. Reynolds Tobacco Company for causing the lung cancer and death of 59-year-old Pamela Coyne. Jury Awards Foxborough Woman’s Family $17.5 Million for Dying of Lung Cancer From Smoking Cigarettes, Boston Globe, May 31, 2019
- Dec. 6, 2018: Palm Beach County Jury awards Rainer client Minnie Ford $1 million against R.J. Reynolds Tobacco Company for causing Ford’s chronic emphysema, and verdict is upheld on appeal. RJ Reynolds’ Fraud Trumps Smoker’s Fault in Florida, Bloomberg Law, Dec. 6, 2018
- Feb. 19, 2016: Massachusetts Superior Court Judge Edward Leibensperger awards $4.9 million against Philip Morris USA after finding that the company deliberately engaged in unfair and deceptive trade practices in the sale of Marlboro Lights cigarettes to Rainer client Thomas Geanacopoulos and other Massachusetts smokers of Marlboro Lights. Philip Morris Hit with $4.9 Million Judgment in Mass. False Ad Trial, Law 360, Feb. 19, 2016.
Areas of Practice
Education
- New York University School of Law, J.D. (1982)
- Princeton University, B.A. (1979)
Bar Admissions
- United States Supreme Court
- United States Court of Appeals for the First Circuit
- United States District Court for the District of Massachusetts
- Massachusetts
- District of Columbia
- Florida
Memberships and Affiliations
- Massachusetts Bar Association
- Member, Steering Committee of Civil Litigation Council (2018-present)
- Member, Consumer Advocacy Task Force (2014-2017)
- Trustee, Massachusetts Bar Foundation (2013-2016)
- Boston Bar Association
- Elected Member of the BBA Council (2003-2006)
- Co-Chair, Administration of Justice Section (2003-2004)
- Steering Committee Member, Admin. of Justice Section (2006-2012)
- Steering Committee Member, Environmental Law Section (2008-2014)
- Co-Chair, Massachusetts Practice Committee (2001-2003)
- Steering Committee Member, Individual Rights Section (2001-2003)
- Member of the Task Force on Civility and Professionalism (2001-2002)
- Frank J. Murray Inn of Court
- President (1997-1999)
- Secretary (1992-1994)
- Board Member (1996-2019)