Our Attorneys

PROFESSIONAL EXPERIENCES

Dave has been privileged to represent a spectrum of clients in simple as well as complex civil disputes for more than 44 years. He has done so successfully because he continues to believe in fair fights and just results. Dave has represented publicly traded and closely-held corporations, as well as family‐owned and not for profit companies. He has handled disputes involving environmental, class action, insurance, commercial landlord & tenant, sex abuse and officer & director malfeasance matters in addition to probate disputes and creditors’ claims in the Bankruptcy Court. Dave also counsels clients on various business matters including management buyouts and sale of interests in closely held companies. He has been given the highest peer review rating (“AV”) by Martindale Hubbell.

BAR ADMISSIONS

• New Hampshire State Courts
• United States District Court for the District of New Hampshire
• United States Court of Appeals for the First Circuit
• United States Court of Appeals for the Federal Circuit
• United States Claims Court
• United States Supreme Court

PROFESSIONAL/CIVIC ACTIVITIES

• New Hampshire Bar Association
• Nashua Bar Association (President, 1995)
• Trustee and Secretary, Nashua Public Library (1986 to present)
• Past Chairman, Nashua Catholic Regional School System

EDUCATION

• B.A., Saint Anselm College, 1973
• J.D., University of New Hampshire Law School (formerly Franklin Pierce Law Center), 1977
• Certificate in Licensing, Centre D’Études Internationales de la Propriété Industrielles, University of Strasbourg, 1976

PROFESSIONAL EXPERIENCES

Brad Westgate has practiced real estate and land use law for over 40 years. During this time he has represented builders, developers, individuals, corporations, non-profits, landlords, tenants and lenders.

It is common for Brad to take a project from beginning to end. He represents and negotiates purchase and sale agreements. He appears before land use boards to secure zoning, subdivision and site plan approvals, among others. Brad processes closings while working with acquisition and construction lenders and counsel.

Brad has seen and experienced much during his years of practice. There have been at least four boom and bust cycles during that period. Regulatory processes have evolved. Brad’s experiences provide him with unique insight into the minds of buyers, sellers, lenders and regulators all to his clients’ great advantage.

Brad’s veteran land development clients appreciate his creativity, diligence and most of all hours upon hours of toiling. His clients know that his efforts make their projects work. Brad also has earned respect from land use regulators because of his innovative and logically sound analysis of land use issues.

Brad has brought to life numerous projects, including residential communities, new commercial sites and the redevelopment of old. His projects include a major expansion of a hospital’s main campus, the permitting of a substantial continuing care retirement community, a complex mixed-use project, the permitting and development of facilities for homeless veterans and the development of a non-profit’s new athletic and community facility in a multi-party transaction.

He has received the highest peer rating by Martindale Hubbell (“AV”) and continues to be named one of the Best Lawyers in America. He has been listed for a number of years as a leading individual in Chambers USA.

BAR ADMISSIONS

• New Hampshire (State and Federal Courts)
• Massachusetts (State and Federal Courts)

PROFESSIONAL/CIVIC ACTIVITIES

EDUCATION

• J.D., Suffolk University Law School, cum laude (1978)
• L.L.M. in Taxation, Boston University School of Law (1983)
• B.A., Boston University, magna cum laude, (1975)

PROFESSIONAL EXPERIENCES

John Edwards concentrates his practice in the area of commercial and environmental litigation and appellate practice with a special concentration in the areas of insurance coverage for policyholders. He has litigated or arbitrated a broad range of cases in the contract, personal injury, product liability, real estate disputes and environmental areas. In the insurance coverage area, Mr. Edwards has handled coverage disputes for policyholders in the context of first party property insurance as well as third party liability insurance claims. In these matters, he has recovered significant sums to cover the defense settlement and/or judgment costs incurred in underlying environmental, construction, product liability, professional negligence and securities claims. He has litigated cases before juries or judges in Delaware, Illinois, Massachusetts, New Hampshire, Rhode Island, New Jersey, Pennsylvania, Texas and Wisconsin. In his appellate practice, Mr. Edwards has argued appeals before the state supreme courts of Massachusetts, New Hampshire and Wisconsin as well as the United States Circuit Court of Appeals for the First and Seventh Circuits.

Important Trials:

Tocci Corporation, et al v Tocci Building Corporation, et al. Middlesex Superior Court (Massachusetts 2020) (successfully obtained a defense favorable jury verdict in a case arising from family control of corporation)

Welch Foods v. Liberty Mutual Insurance Co. Worcester Superior Court (Massachusetts 2008) (successfully obtained jury verdict that Liberty Mutual breached its duty to defend underlying anti-trust claims and in so doing, acted in bad faith)

Enterasys Networks v. Gulf Insurance Co. et al, USDC NH (2006)(successfully obtained substantial insurance recoveries for

underlying SEC and class action claims that arose from allegations of improper revenue recognition practices)

Waste Management, Inc. v. Stonewall Ins. Co., et al, NJ Super Ct. (2004) (successfully obtained very substantial insurance recoveries arising from liability at superfund sites in Washington State)

Health Reinsurance Management, Inc. v. Cologne Life Underwriting Management Co. et al, USDC Mass. (2002) (successfully obtained breach of contract jury verdict for plaintiff)

Waste Management, Inc. v. Liberty Mutual Ins. Co., et al, NJ Super Ct. (1999) (successfully obtained very substantial insurance recoveries arising from liability at superfund sites in Massachusetts, New Jersey, Ohio and Pennsylvania)

Interex Corporation v. Atlantic Mutual Ins. Co., USDC Mass. (1997) (successfully obtained substantial insurance recoveries arising from liability at superfund sites in Massachusetts and New Hampshire)

Important Appeals

Troy v Order of the Brothers of the Sacred Heart, (NH 2023)

Nortek Inc. v. Liberty Mutual, 65 Mass. App. Ct. 764 (2006)

In re Feld’s Case 2002 NH 178 (NH 2002)

Aviators for Safe and Fairer Regulation, Inc. v. FAA, 221 F2d 222 (1st Cir. 2000)

Opinion of Justices, 712 NH 892 (NH 1998)

St. Paul Fire and Marine Ins. Co. v. Warwick Dyeing Corp., 26F.3d 1195 (1st Cir. 1994)

City of Edgerton v. General Casualty Co of Wisconsin, 184 W.S.2d 750 (Wisconsin S. Ct. 1994)

Polaroid Corp. v. Travelers Indemnity Co., 414 Mass 747 (Mass. 1993)

Trustees of Tufts University v. Comm’l Union Ins. Co., 415 Mass 844 (1993)

BAR ADMISSIONS

• Bar of Massachusetts
• Bar of New Hampshire

PROFESSIONAL/CIVIC ACTIVITIES

• American Bar Association (Vice Chair, Property Insurance Committee)
• Boston Bar Association
• New Hampshire Bar Association

EDUCATION

• J.D., Loyola University of Chicago School of Law (1989) (Executive Editor, The Loyola University of Chicago Law Review)
• B.A., McGill University (1984)

PROFESSIONAL EXPERIENCES

Barbara began her law career as an associate in a large international law firm, focusing her practice on general corporate law, mergers and acquisitions, and private equity and venture capital financing transactions. Since joining Winer and Bennett in 2016, Barbara now applies her drafting and deal management skills to commercial real estate transactions and land use matters, working closely with one of the area’s most experienced real estate attorneys, J. Bradford Westgate. Barbara also assists clients with business formations, business transactions, contracts, and other corporate matters.

After living in Boston for more than a decade, Barbara has returned to her native Nashua where she lives with her husband and two children.

BAR ADMISSIONS

• New Hampshire
• Massachusetts

PROFESSIONAL/CIVIC ACTIVITIES

• MicroSociety Academy Charter School, Board of Trustees (2018-present)
• Children’s Winter Garden with White Wing School, Board of Directors (2016-2019)

EDUCATION

• J.D., Boston University School of Law, magna cum laude (2009)
• B.A., Boston University, summa cum laude (2006)