Kerner

Rachel Kerner

Associate
Boston

I partner with clients to navigate government investigations, enforcement actions, and high-stakes business disputes—delivering creative, results-oriented strategies that protect what matters most.

Rachel Kerner is a senior associate in the litigation department who brings a sharp, business-minded approach to complex disputes and government enforcement matters. She represents individuals and corporate clients in state and federal government investigations, enforcement actions, and high-stakes civil litigation, with particular depth in healthcare fraud, securities enforcement, False Claims Act defense, and unfair and deceptive business practices.

 


Rachel's practice is defined by her ability to see the full picture. She loves learning the complexities of each client's business and industry, enabling her to craft litigation strategies that are not only legally rigorous but also commercially practical.

Rachel has experience litigating at both the state and federal level. Rachel has managed all phases of complex litigation—from early-stage internal investigations and subpoena responses through discovery, motion practice, trial, and appeal—and is adept at identifying pressure points that drive favorable resolutions.

Rachel is also deeply committed to her pro bono practice. She represents survivors of domestic violence and partners with legal services organizations on a wide range of civil rights matters, including excessive force litigation and criminal defense advocacy.

Rachel earned her J.D. with a concentration in Business and Commercial Law. During law school, she interned with the Women's Bar Foundation, Family Law Project; a Boston-based pharmaceutical company; and a Boston-based litigation firm. She also served as a Teaching Assistant for Torts and Contracts and was a student attorney in Northeastern University's Domestic Violence Clinic.

Education

  • Northeastern University School of Law, J.D., 2018
  • University of Michigan, B.A., 2015

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
COURT ADMISSIONS
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit

Experience

Government Investigations and Enforcement Actions
  • Represented companies in state attorney general investigations involving fraud and Chapter 93A claims, including defending against enforcement actions and responding to subpoenas and civil investigative demands.
  • Negotiated the resolution of a Chapter 93A investigation with the Massachusetts Attorney General's Office concerning consumer protection violations and landlord-tenant practices.
  • Represented a dental services organization in an enforcement action alleging violations of state consumer protection laws and successfully defeated preliminary injunction.
  • Represented a technology company in proceedings against the attorney general concerning the issuance of a citation.
  • Represented a genetic testing company in response to a civil investigative demand.
  • Defended a genetic testing company in federal False Claims Act litigation concerning alleged violations of the Anti-Kickback Statute.
  • Litigated and resolved a federal qui tam False Claims Act case involving allegations related to drug testing practices.
  • Defended a testing company in federal False Claims Act qui tam litigation concerning allegations of Medicare fraud.
  • Defended a major teaching hospital and physicians' organization in a qui tam False Claims Act action alleging improper billing of Medicare and Medicaid.
  • Served as counsel to a DOJ- and SEC-appointed monitor of a major international financial institution, with responsibilities including investigation and assessment of the institution's compliance program.
  • Conducted internal investigations for an educational institution and a large health system.
  • Conducted board-level compliance assessments and governance reviews.
  • Advised a state-level transportation agency in a federal Department of Justice investigation.
  • Represented a management company in response to SEC subpoenas.
  • Represented individual employees in a state attorney general investigation concerning the COVID-19 pandemic.
Commercial Disputes
  • Won a jury verdict, bench trial, and appeal on behalf of a life sciences consulting firm in federal and state trade secret, tortious interference, and Chapter 93A claims in the U.S. District Court for the District of Massachusetts.
  • Represents multiple defendants in complex trade secret and unfair competition litigation in business court, including successfully defeating motions to dismiss.
  • Won summary judgment on behalf of a company alleging breach of contract and misrepresentation.
  • Successfully compelled arbitration of breach of contract and business tort claims in federal court.
  • Successfully represented a company in an action for advancement and indemnification in the Delaware Court of Chancery.
  • Represented a hospitality industry investment management company and its leadership in the Delaware Court of Chancery in a dispute involving non-competition agreements, fiduciary duties, and trade secrets with a major fast-casual restaurant chain.
  • Won a motion to dismiss on behalf of a public company in a federal securities fraud class action.
  • Represented an institution in an arbitration concerning breach of contract and accounting disputes.
  • Defended a company in a TCPA class action in federal court.
  • Represented a start-up in trade secret, tortious interference, and unfair and deceptive trade practices litigation against a competitor.
Pro Bono
  • Filed amicus briefs with the Supreme Judicial Court of Massachusetts on behalf of the Massachusetts Association of Criminal Defense Lawyers seeking to remedy harms suffered by defendants affected by the Massachusetts Dookhan/Farak drug laboratory scandal.
  • Represented an individual in the Western District of Louisiana and the Fifth Circuit in connection with excessive force claims against law enforcement.
  • Litigated and resolved a dispute with the Boston Public Schools concerning out-of-district placements on behalf of a student.
  • Won an appeal in a 209A restraining order case in the Massachusetts Appeals Court.
  • Filed an amicus brief in the Supreme Judicial Court of Massachusetts on behalf of domestic violence organizations.
  • Filed amicus briefs concerning the use of forensic evidence in criminal convictions.
  • Represented individual and organizational plaintiffs in a putative class action lawsuit against government officials and others alleging violations of state and federal law.

Honors & Involvement

HONORS
  • Best Lawyers: Ones to Watch
    • Commercial Litigation (2026, 2027)
    • Labor and Employment Law - Management (2026, 2027)
    • Securities / Capital Markets Law (2026, 2027)
  • High Honor, Massachusetts Supreme Judicial Court, 2019 and 2020
  • Boston Bar Association Public Interest Leadership Program, Class of 2025-26
INVOLVEMENT
  • Foley Hoag Women Associates Affinity Group, Co-Chair
  • Women’s Bar Association