BHPK - Key Persons
Amy Bratskeir is an associate at BHPK focusing her practice on the representation of public employers and private entities in employment, civil rights, and tort cases in federal and state court, and before state and municipal agencies. She also practices in BHPK's insurance defense group.
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.
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.
Tony has been active in pro bono work. He has represented a volunteer emergency rescue worker injured at the World Trade Center after 9/11, victims of the 2013 Boston Marathon bombing, an indigent person who was being wrongly evicted from her home, and a family who was being targeted and harassed due to their race. Tony has also served on both the Civil Litigation and Health Law section councils for the Massachusetts Bar Association.
Job Titles:
- of Counsel
- Partner
- Counsel With
Deidre Brennan Regan is Of Counsel with BHPK Law, specializing in appellate practice. Since joining BHPK in 1995, Deidre has contributed significantly to numerous reported appellate decisions that have established critical precedents in various areas of civil rights, employment law, municipal law, and education law. With over thirty years of experience in litigation and appeals, Deidre has played an integral role in BHPK's remarkably successful appellate track record.
A prolific writer, Deidre's work focuses on legal research and writing in all phases of litigation, from pre-trial motions to appellate briefs. She is regarded for her exceptional research, analytical, and writing skills, as well as her prodigious knowledge of the state and federal appellate processes. She presently leads BHPKLaw's Appellate law practice.
Deidre appears frequently before the First Circuit Court of Appeals, the Massachusetts Supreme Judicial Court, and the Massachusetts Appeals Court. Having started her career as a staff attorney for the Massachusetts Supreme Judicial Court, and then as a member of the appellate department at a large Boston-based law firm, Deidre's passion has always been in the appellate arena. She is considered one of the most knowledgeable appellate practitioners in Massachusetts.
Job Titles:
- Associate
- Associate With BHPK Law, Pra
Francesca M. Papia is an associate with BHPK Law, practicing primarily in the areas of employment, civil rights, and insurance defense litigation. Francesca specializes in wage and hour law, and has experience representing clients in sexual harassment and discrimination claims.
Francesca is a Northeastern University School of Law graduate. While in law school, she clerked for a federal magistrate judge in the United States District Court for the District of Massachusetts and was a member of the Public Health Advocacy Clinic. She graduated magna cum laude from Stony Brook University.
Greg Pagnini is a partner at BHPK Law, specializing in the defense of school districts and municipalities in complex litigation matters, including issues related to civil rights, employment and labor disputes. Greg also advises school officials across the Commonwealth on best practices and policies, helping districts create and maintain collaborative and safe educational environments.
Greg leads BHPK Law's school law practice, appearing on behalf of public school districts in arbitrations, labor negotiations, and disciplinary hearings. For over a decade, Greg has been providing sound legal advice and guidance to school districts in every facet of employment law, including collective bargaining, hiring, contract negotiations, and grievances. In addition to labor relations, Greg also prepares and updates employee handbooks, personnel policies, and human resources guides. Greg has completed the Massachusetts Commission Against Discrimination's certified harassment and discrimination prevention "Train the Trainer" program and is part of BHPK's Employment and Civil Rights Practice Groups. Greg is often retained by municipal employers and schools to provide anti-discrimination training to both managers and employees.
Jocelyn Sedney is a partner with BHPK Law. She has over thirty-five years of experience litigating complex matters on behalf of individuals, small businesses, and large corporations, as well as national and international insurance companies. Jocelyn's impressive trial record includes successfully defending insurers against bad faith claims, multi-million dollar personal injury and wrongful death suits, and construction and property loss cases. She has also obtained summary judgments in intricate disputes regarding insurance coverage and legal malpractice matters. Notably, she has also represented property owners, contractors, and installers of fire protection systems arising from some of the most devastating fire loss cases in the Commonwealth. Jocelyn has also represented similar entities in large loss property damage cases.
During her career, Jocelyn has served as an instructor in premises liability and lead paint liability for Massachusetts Continuing Legal Education (MCLE) as well as for various community groups. She is the co-author, along with fellow partner Richard Brody, of The Law of Premises Liability in Massachusetts.
Leonard H. Kesten is a founding partner at BHPK Law. Over his 35+ year career, Lenny has tried over 150 jury trials in both state and federal courts, and is widely considered by many to be one of the most successful trial attorneys in the Commonwealth. Lenny is not only sought-after for his tireless and effective advocacy, but also for his avuncular nature, and candid and approachable style to litigation. During his career, Lenny has twice been named Lawyer of the Year and has been recognized as one of the Commonwealth's most influential attorneys by Massachusetts Lawyers Weekly.
At BHPK, Lenny leads the firm's Municipal Law and Government, Employment, and Law Enforcement practice areas. He is regarded as one of the state's leading authorities on alleged police misconduct, having represented hundreds of municipal and state law enforcement officials and departments against claims of excessive force and violations of constitutional rights. He also devotes much of his practice to the successful representation of public officials and cities and towns. He is considered an expert in anti-discrimination law and all forms of employment litigation. He has handled many high-profile cases in many areas of the law.
Lenny regularly practices in both federal and state courts, and has argued before the United States Court of Appeals for the First Circuit, the Supreme Judicial Court, and the Massachusetts Appeals Court. Lenny's countless appellate arguments have resulted in precedent-setting decisions. Some of his more notable successes include Cuddyer v. Stop n' Shop, 434 Mass. 521 (2001) (the seminal Massachusetts case articulating the continuing violation theory of sexual harassment), Anderson v. Am. Int'l Grp., Inc., No. MICV200301212B, 2014 WL 1878882, at *1 (Mass. Super. Apr. 8, 2014) (one of the largest bad-faith verdicts in the history of the Commonwealth), Jarrett v. Yarmouth, 331 F.3d 140 (2003) (a precedent-setting case involving the use of Police K9's), Heagney v. Fitchburg, 915 F.3d 805 (2019) (involving the rights of municipalities in making hiring decisions), Porto v Tewksbury, 488 F.3d 67 (1st Cir. 2007) (deciding the rights of Schools in sexual harassment), and Kennedy v Billerica, 502 F. Supp. 2d 150 (2007) (regarding the scope of municipal liability).
Lenny has lectured extensively in the areas of trial practice, civil rights, and employment law. He has also been named a Super Lawyer each year since the award began, is rated a perfect 10 (superb) by AVVO, and is AV rated by Martindale-Hubbell. Lenny brings a wealth of real-life experience to his legal career. The son of Holocaust survivors, he and his birth family emigrated to the United States, where he grew up on a farm. Prior to law school, he worked in both the Massachusetts and Connecticut Departments of Correction, rising to the title of Superintendent, and was a special education teacher in the Boston Public Schools.
Awards
Massachusetts Lawyer of the Year by Mass. Lawyers Weekly (2001 & 2014)
Job Titles:
- Associate
- Member of the Editorial Board for the Massachusetts Law Review
Max joined BHPK as an associate attorney in 2023 and focuses his practice on general civil litigation.
Max is a member of the Editorial Board for the Massachusetts Law Review, the longest continually published law review in the nation. In 2022, the Law Review published his essay, Criminal Law: Modifying the Standard for Addressing Possible Discrimination During Jury Selection, Commonwealth v. Sanchez, 485 Mass. 491 (2020), 103 Mass. L. Rev. 57 (2022). Since 2020, Max has regularly led legal education programs for the Social Law Library on topics which vary from year to year in both criminal and civil contexts. Before 2020, he presented on criminal law issues to Massachusetts Continuing Legal Education. He has also guest lectured on constitutional and appellate law at New England Law | Boston and Merrimack College.
Michael Stefanilo, Jr. is a partner at BHPK Law practicing in its litigation group. He has been recognized by multiple reputable organizations as one of the best attorneys practicing law in Greater Boston, the Commonwealth of Massachusetts, New England, and the United States. As a civil litigator, Michael represents both plaintiffs and defendants with unprecedented success. He routinely handles employment law and civil rights matters, municipal and school law litigation and counseling, personal injury claims, and is a highly experienced insurance defense attorney. Michael practices in both federal and state court, and frequently before the Massachusetts Commission Against Discrimination. He also conducts internal investigations for private employers, police departments, municipalities, and schools.
An advocate of LGBTQ+ (lesbian, gay, bisexual, transgender, queer) rights, Michael founded BHPK Law's LGBTQ+ Rights practice, specializing in handling anti-discrimination, harassment, retaliation, and sexual assault/abuse claims on behalf of aggrieved LGBTQ+ individuals. He is particularly sensitive to and aware of the issues presently facing members of the LGBTQ+ community in the workplace, schools, and in public accommodation, and is well versed in handling claims based on sexual orientation, sexuality, gender identity, and gender expression. To this end, Michael has been a well-received panelist on employment law issues facing LGBTQ+ and non-binary workers, and has also been published multiple times in national and respectable legal journals in the area of LGBTQ+ law. In 2022, Michael was awarded the prestigious honor of being named one of the Best LGBTQ+ Attorneys in the United States by the National LGBTQ+ Bar Association.
Michael not only represents victims of harassment and discrimination in the LGBTQ+ community, he also advocates on behalf of other survivors of unlawful discrimination in the workplace and in public accommodation, delivering remarkable results. To date, Michael has successfully represented a number of victims of workplace and public accommodation discrimination, harassment, retaliation, and sexual assault/abuse, and has a wealth of experience handling cases on behalf of both employers and employees arising out of discrimination based on sex, gender, race, color, religion, national origin, sexual orientation, and gender identity, in addition to hostile work environment and retaliation claims. Michael is also a highly knowledgeable wage and hour litigator, and handles complex employment litigation claims alleging wrongful termination, whistleblower, and breach of contract. Impressively, Michael has handled intricate litigation on behalf of, and against, major corporations and employers. He has filed and defended against class actions, and has negotiated settlements arising out of class action litigation on behalf of both his plaintiff and defense clients. In addition to his litigation skills, Michael acts as an investigator for employers into instances of alleged discrimination or harassment.
Notably, Michael is one of the leading attorneys in the Commonwealth with regard to its anti-sexual harassment statute in the education context. Chapter 214, Section 1C protects students from harassment and sexual assault in schools and Michael has been published twice in highly respectable legal journals regarding teacher-on-student sexual harassment in education and with regard to school bullying, including Bad Teacher: The Developing Legal Standard in Massachusetts for Teacher-on-Student Harassment. He is equipped to handle sexual abuse and sexual harassment claims in both the education and employment spheres on behalf of either party.
Finally, Michael zealously represents municipalities in claims brought pursuant to the Massachusetts Tort Claims Act, the Massachusetts and United States Civil Rights Acts, and the Massachusetts and United States Anti-Discrimination Statutes. Many of his successes as a litigator and trial lawyer in this area, and others, have received high-profile media coverage. Michael's work as a trial attorney includes both favorable plaintiff and defense verdicts.
Not only a litigator, Michael is also a recognized legal scholar and has been published in the Northeastern University Law Review, the Sports Lawyers Journal, the Tulane Journal of Law & Sexuality, various American Bar Association and Federal Bar Association publications, and is a long-standing contributing author to Massachusetts Continuing Legal Education ("MCLE"). He has also been recognized by Massachusetts Lawyers Weekly, the National Law Journal, and Super Lawyers for being a top attorney in the Commonwealth and New England. Michael was also selected to the prestigious American Bar Association Section of Litigation's Diverse Leaders Academy, where he served a two-year term (2020-2022) alongside five other members of the bar from around the country, working to expand diversity among national leadership. Additionally, after a national write-on competition, Michael was selected to serve as an Editor to Litigation News, the ABA Section of Litigation's quarterly legal publication. In 2022, Michael was selected as one of only 33 attorneys in the Commonwealth to the Massachusetts Bar Association's Leadership Academy. That same year, he also served as the co-chair of the LGBT Law & Litigators Committee of the ABA's Section of Litigation. Finally, Michael was distinguished as one of the Best LGBTQ+ Attorneys Under 40 in the nation by the National LGBTQ+ Bar Association. In 2023, he was named by Boston Magazine as one of the City's top attorneys and by Best Lawyers® to the Best Lawyers in America® list for the 2024 Ones to Watch edition.
Prior to joining BHPK, Michael worked as a law clerk for GLAD ("Gay & Lesbian Advocates & Defenders", now known as "GLBTQ Legal Advocates & Defenders"), where he assisted in analyzing various legal issues facing the gay, lesbian, and transgender communities, including participation in GLAD's successful and nationally recognized challenge to the Defense of Marriage Act. He also spent three months clerking for the United States Attorney's Office for the District of Massachusetts.
While in law school, Michael served as the Managing Editor of the Northeastern University Law Review and was a teaching assistant for the Legal Research and Writing Program. At BHPK, Michael manages the firm's student internship program. In his spare time, he is a longtime member of the Boston-based 501(c)(3) non-profit organization, FLAG (Friends, Lesbians, and Gays) Flag Football, and presently serves on its Board of Directors. He also serves on the Board of Directors of the Boston Gay Basketball League ("BGBL"), another non-profit seeking to advance inclusion of the LGBTQ+ community in athletics.
Monica is an associate at BHPK focusing her practice on general civil litigation.
Monica is a graduate of the University of South Carolina School of Law, where she received multiple Moot Court and Trial Advocacy championship titles and awards, including among others, the Justice Lewis F. Powell Medal for Excellence in Advocacy by the American College of Trial Lawyers. Upon graduating, Monica served multiple years as an alumni coach helping future attorneys build practical experiences and skills. She regularly volunteers her time to judge advocacy competitions for future lawyers.
Naomi R. Stonberg a of counsel at BHPK Law and specializes in Education Law. She focuses her work on representing public schools in labor relations, employment law, public policy issues (such as the Open Meeting Law), and student disciplinary matters. She frequently provides pro-active legal advice to Superintendents and School Committees in order to anticipate, problem solve and resolve issues, helping to avoid litigation altogether. Naomi represents School Committees throughout the collective bargaining process as well as in grievance arbitrations. She was one of the first management attorneys in the Commonwealth to engage in interest-based bargaining. Naomi routinely represents school systems before the Division of Labor Relations, the Massachusetts Commission against Discrimination, the United States Department of Labor, and the Department of Elementary and Secondary Education. She has extensive experience in representing school systems in receivership.
Naomi was the founder and first president of the Massachusetts Council of School Attorneys and was the first Massachusetts representative on the National School Board's Council of School Attorneys. She presents annually at the Massachusetts Association of School Committees and Massachusetts Association of School Superintendents Conference. She has also participated in MCLE school law programs and is the author and editor of the MCLE School Law book Chapter on Employment Issues involving Teachers
Before joining BHPK, Naomi worked in private practice for twenty-five years, where she specialized in management labor relations, employment and discrimination law, municipal law and school law. She also served as the Chief negotiator and labor relations counsel of a large state university system and general counsel to Massachusetts School Committees and municipal bodies.
Richard E. Brody is a founding partner at BHPK Law. In his 40+ year career, Rick has represented thousands of clients and tried over 100 jury trials with an exceptional record of success. His advocacy has been recognized repeatedly by his peers and the legal community at the highest levels, and his innumerable successes have often resulted in high-profile outcomes, garnering national and local media attention.
With decades of trial experience as lead counsel, Rick has litigated cases in both state and federal courts, and has appeared before the First Circuit Court of Appeals, the Supreme Judicial Court, and the Massachusetts Appeals Court. In addition, he has represented parties before the Massachusetts Commission Against Discrimination and other administrative agencies in the Commonwealth. Rick's depth of experience as a litigator and his affable nature have not only made him a sought-after plaintiff's lawyer, but also a high-profile defense attorney. He has obtained seven-figure jury verdicts on behalf of plaintiffs, as well as countless verdicts in favor of his defense clients.
At BHPK, Rick leads the firm's insurance defense practice, where he is largely considered one of the most knowledgeable and experienced attorneys in the state. Rick's also devotes a significant amount of his practice to plaintiffs' work, including in such areas as personal injury, child abuse and sexual assault, and employment discrimination. He also serves as outside litigation counsel to a number of prestigious higher education institutions.
Rick is a fierce advocate on behalf of his clients. In 2014, he was named Lawyer of the Year by Massachusetts Lawyers Weekly (along with BHPK Partner Lenny Kesten) for his work on a personal injury lawsuit that resulted in a $7.3 million Superior Court judgment under the Massachusetts Consumer Protection Statute.
Rick is a trained mediator who has worked with the Massachusetts Bar Association Mediation and Arbitration Forums and the Multi-Door Courthouse. He has mediated hundreds of cases and is known for his unique approach, which brings both empathy and levity to mediating complex matters. Rick is also a sought-after speaker in both Massachusetts and across the country and has appeared on local and national television and radio shows as a commentator on civil and criminal trials that have garnered media attention. He is also widely considered the leading authority in the Commonwealth on premises liability.
Before founding BHPK, Rick worked as a senior partner at a large Boston insurance defense firm. Prior to that, he worked as an assistant district attorney for the Middlesex County District Attorney's Office. As an assistant district attorney, Rick investigated and prosecuted major felonies, including homicides, rapes, armed robberies, and arson, and supervised a team of prosecutors. He began his legal career as Chief Law Clerk to the Massachusetts Superior Court Justices.
Rick Brody has been the recipient of too many honors to fully list here, and is considered one of the most distinguished trial attorneys in the state of Massachusetts. For example, in 2014, Rick was named Lawyer of the Year by Massachusetts Lawyers Weekly for his involvement in a personal injury matter that resulted in a $12.3 million judgment in favor of his client.
In addition, Rick has been selected to the Massachusetts/New England "Super Lawyers" list every year since its inauguration. He has also been given a "Superb" rating from AVVO.com and has received an AV Preeminent rating from Martindale-Hubbell, a certification indicating that his peers consider him to display unparalleled professional excellence in his practice.
Rick has been featured and has provided legal commentary for national and local media outlets and television shows on significant civil and criminal trials. He has also authored numerous trade articles for insurance defense and trial publications, as well as professional programs related to trial practice, premises liability, and civil rights.
Rick also co-authored (along with partner Jocelyn Sedney) a Massachusetts Continuing Legal Education handbook on premises liability. He is a recognized expert in the field of premises liability and the liability of landowners for criminal acts that occur on their property.
Job Titles:
- Founding Partner
- Founding Partner of Brody, Hardoon, Perkins & Kesten, LLP
Sam Perkins is a founding partner of Brody, Hardoon, Perkins & Kesten, LLP. He was a Massachusetts Lawyers Weekly "Lawyer of the Year" in 2006, and has been designated a Super Lawyer every year since 2004.
Sam heads the firm's Telecommunications, Professional Liability and Commercial Litigation groups. He regularly represents owners of family corporations in disputes with fellow owners, and executives who must negotiate severance and non-competition terms with their employers. In his work to protect women's reproductive health rights, his litigation in 2006 forced Wal-Mart to stock Plan B, the "Morning After Pill," nationwide, after which he served on the Board of NARAL Pro-Choice Massachusetts from 2006 to 2015. In 2015, he received NARAL's "Champion of Choice" award. In class actions on behalf of consumers, he forced Staples and Pep Boys to grant substantial refunds to Massachusetts customers for pricing violations. In personal injury litigation, he has achieved multi-million-dollar settlements in claims against auto manufacturers and ridesharing companies. In civil rights litigation, he has obtained major recoveries on behalf of Palestinian and African-American employees for ethnic and racial discrimination by their employers. In over twenty years' experience in cellular telecommunications disputes, he has represented Massachusetts towns and neighborhood groups opposing siting of cell towers and the utility pole-mounted antennas that will be used in developing 5G networks. He has extensive experience representing attorneys and clients in legal malpractice claims, and represents attorneys in disciplinary actions by the Board of Bar Overseers.
Sam has been lead counsel in dozens of jury trials in the federal and state courts of Massachusetts, Vermont, California and Florida, and has broad appellate experience before the Massachusetts Supreme Judicial Court, Massachusetts Appeals Court, U.S. Court of Appeals for the First Circuit, U.S. Court of Appeals for the Second Circuit, and Vermont Supreme Court.
Sam began his legal career in Vermont, first as an Assistant Attorney General doing environmental enforcement, then as partner of Peter Welch, now Vermont's junior U.S. Senator, in the White River Junction firm of Welch, Graham, Perkins & Manby. After moving back to Boston, he practiced at Morrison, Mahoney & Miller before founding BHPK in 1995. He and his wife Nancy, a psychiatrist, have raised four children, and are enjoying having three grandchildren.
Thomas R. Donohue is a partner with BHPK Law. He is an experienced trial and appellate lawyer who focuses on defending public employees and entities in cases involving police misconduct, civil rights, discrimination, and other complex litigation matters. Tom also defends employers, both public and private, in employment and personal injury disputes. Tom's precedent-setting cases have earned him the recognition as one of the leading voices on issues involving police officers in the Commonwealth.
Tom has been trusted/chosen to represent a number of lawyers and their family members, and been appointed as a Special Assistant Attorney General.
Job Titles:
- Resources Board & Superintendent Search Committee