Bernard D. Posner

Bernard understands that every client has unique needs and uses that understanding to develop strategies to meet those needs and obtain positive outcomes at every opportunity. Bernard strives to not just identify legal issues for clients but to also provide practical advice and guidance to solve those issues.


Bernard D. Posner is a senior litigator with significant trial experience.  For almost 20 years, he has counseled, litigated, and resolved disputes for his clients, including complex business and employment litigation matters, large construction and surety disputes, and appeals in both federal and state courts. This includes trying numerous cases before juries and administrative hearing officers. In addition to business litigation matters, Bernard has considerable experience in employment counseling and litigation and regularly represents clients before administrative agencies such as the Equal Employment Opportunity Commission and Massachusetts Commission Against Discrimination.

Bernard uses his extensive trial experience to guide his clients towards an effective and efficient resolution of their matter. He works with his clients to obtain the earliest successful result, striving to minimize the disruption litigation can cause.

Bernard’s clients range from start-ups to publicly traded companies. He also frequently represents municipalities.

Bar Admissions

  • Massachusetts, 2003
  • United States District Court, Massachusetts, 2004
  • United States Court of Appeals for the First Circuit, 2007


  • Boston College Law School, J.D., 2003; Honors: Uniform Commercial Code Reporter-Digest: Executive Editor, 2002-03
  • Albany University, State University of New York, B.A., Honors Political Science/English, summa cum laude, 2000; Honors: Phi Beta Kappa; Golden Key National Honors Society


Prior to joining the HRW Team, Bernard was a litigation attorney at a Boston law firm that focuses on start-ups. In that role Bernard advised start-ups, venture capital funds, and public and private companies, regarding a wide variety of disputes. Previously, Bernard worked for both a regional law firm and a national law firm focusing on professional liability, commercial and construction litigation.

In addition to working in the private sector, Bernard also served as an Assistant Corporation Counsel to the City of Boston, where he gained considerable trial experience in both state and federal court. Bernard started his legal career as a Law Clerk to the Justices of Superior Court of Massachusetts.

Publications & Appearances

  • Co-author of article series discussing legal ethics published in Massachusetts Lawyers Weekly
  • Author, “Green Building Performance Bonds: Minimizing the Risks,” ABA-TIPS Fidelity & Surety Law Committee Newsletter, 2011
  • Panelist, “The Massachusetts Tort Claims Act: Everything You
    Ever Wanted to Know But Were Afraid to Ask,” City of Boston, 2006


  • Member, Boston Bar Association
  • Member, Massachusetts Bar Association
  • Executive Committee Member, Boston Inn of Court
    -Past Co-President


  • Named a New England Rising Star in construction litigation by Super Lawyers, 2008-2011
  • Co-counsel in a Federal Court jury trial and obtaining a defense verdict reported as one of Mass Lawyers Weekly’s “Biggest Defense Wins of the Past Year” for 2006

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