Steven M. Richard
Partner / Leader, Higher Education / Leader, Title IX
Introduction
Steven Richard is a highly experienced trial and appellate lawyer who handles complex commercial, higher education, privacy and employment cases throughout the federal and state courts of New England. He is especially active in the Rhode Island Federal District Court, where he has served as the chair of its Local Rules Committee. Steve is also a member of the National Association of College and University Attorneys. He is the co-editor of Nixon Peabody’s Privacy Partner Blog.
My focus
I handle a broad array of commercial, higher education, privacy and civil rights cases, using more than 20 years of pretrial and courtroom experience to help clients achieve practical and cost-effective solutions. I also have extensive experience in higher education law, handling a wide array of matters for colleges and universities.
Complex Commercial Litigation
I represent diverse institutional clients, including financial service organizations and governmental bodies, in trials, arbitration, appeals and other dispute resolution procedures. With my Masters in Business Education, I understand clients’ business needs and operations and use such knowledge to develop comprehensive litigation strategies. Also, I have a deep understanding of cybersecurity and electronic discovery, and I frequently write and present on the topics.
Higher Education Law
I represent institutions of higher education in matters relating to student discipline, civil rights claims, tenure issues and copyright matters. My practice has included both the development of proper policies on campuses and litigation of cases on behalf of colleges and universities.
Employment
I represent employers in matters involving claims under federal and state employment statutes, as well as constitutional and contract claims. I have successfully defended employers before juries in cases raising claims under Title VII, the Americans with Disabilities Act and the Family and Medical Leave Act.
Pro Bono
I also devote my practice to the pro bono representation of our veterans, including successfully presenting claims for benefits relating to PTSD claims and exposure to Agent Orange.
Looking ahead
Title IX compliance issues will remain a subject of national concern and debate in Higher Education Law. In judicial and administrative proceedings, complaints are increasingly challenging institutional policies and procedures to prevent and remediate alleged sexual discrimination in education. Educational institutions will face vexing issues as they apply evolving interpretations of the law to the particular realities of their campuses.
/Insights
Publications
- “Domestic Transaction Test Applied to Private Action under CEA,” Pretrial Practice & Discovery, American Bar Association, Section of Litigation, March 2, 2015
- “Picking the Right Summary For Your Electronic Evidence,” E-Discovery Connection, DRI Electronic Discovery Committee newsletter, Volume 9, Issue 3, December 2014
- “Are Insurance Investigative Documents Work-Product-Protected?” Pretrial Practice & Discovery, American Bar Association Section of Litigation, Vol. 23, No. 1, Fall 2014
- “Will Remote Trial Testimony Become More Accepted In Civil Trials With Enhanced Technology?” SideBAR, Summer 2014
- “What Links in an E-Mail Chain Must Be Disclosed,” DRI For the Defense, April 2014
- “Who Speaks for the Organization at a Deposition?” Providence Business News, June 2013
- “When defendants can win by losing a case,” Providence Business News, November 2012
- “Sorting through Electronic Discovery Haystack,” Providence Business News, September 2012
Speeches and Presentations
- “Ask an Expert Closing Session,” Legal Issues in Higher Education Conference, October 20, 2022
- “Title IX: Compliance and Regulatory Session,” Boston Bar Association 2020 Higher Education Virtual Legal Conference, Webinar, July 22, 2020
- “Title IX and Fundamental Fairness Challenges—What Lies Ahead” (Moderator), Boston Bar Higher Education Legal Conference, Boston, MA March 2020
- “Balancing the attorney-client privilege and the need for disclosure in a breach response,” IAPP Global Privacy Summit, Washington, DC, April 2016
In the news
- The Title IX and Civil Rights Podcast
Title IX litigation with Steven Richard
Feb 12, 2025Providence partner Steven Richard, leader of NP’s Higher Education and Title IX practices, joined this podcast to discuss the past, present, and future of Title IX litigation.
- University Business
‘Compliance U’: Colleges and universities are facing new legal complexities
Jan 30, 2025This article covers a recent symposium on the increasing litigation and compliance involved in colleges and universities. Providence Construction & Real Estate Litigation partner Steven Richard, leader of NP’s Higher Education and Title IX practices, is quoted in the coverage discussing the challenges of advising clients in higher education and litigating Title IX.
- Massachusetts Lawyers Weekly
Lawyers burning the midnight oil studying Title IX revisions
May 10, 2024This article covers the amended Title IX regulations recently released by the US Department of Education. Providence Construction & Real Estate Litigation partner Steven Richard, leader of NP’s Higher Education and Title IX practices, is quoted in the coverage discussing the amendments and how he is helping schools prepare for compliance.
- Massachusetts Lawyers Weekly
First Circuit revives Title IX hostile environment suit
Oct 27, 2023Providence partner Steven Richard, leader of the firm’s Higher Education and Title IX teams, is quoted in this article covering the First Circuit Court of Appeals ruling that the mother of a heterosexual charter student who alleged her son was subjected to homophobic harassment by classmates is entitled to a jury trial on her Title IX claim that school officials knew about it but failed to take reasonable action. Steven discusses learnings from Wills v Brown, with the article noting that he represented the prevailing defendant in that case.
- Rhode Island Lawyers Weekly
Law graduate’s discrimination claims tossed
March 10, 2023This article covers a US District Court judge’s order dismissing a Roger Williams University Law School graduate’s racial discrimination case against the school. The article mentions Providence partner Steven Richard, leader of the firm’s Title IX and Higher Education teams, for representing the school in the case.
- Providence Business News
Schools, attorneys divided on Biden’s proposed sweeping Title IX changes
Aug 19, 2022This article covering reaction to the Biden administration’s proposed Title IX changes quotes Providence partner Steven Richard, leader of the firm’s Title IX and Higher Education teams. Steven comments on the political and judicial logjam the proposed changes could create, due to the back-and-forth nature of regulations as administrations have changed in recent years.
- Times Higher Education
US Supreme Court set to rule on campus sexual assault
Providence partner Steven Richard, leader of NP’s Higher Education and Title IX teams, is quoted throughout this article on the possibility of the Supreme Court addressing Title IX student-on-student liability by clarifying the standard by which an educational institution should consider an act of harassment or assault to have occurred, and defining what corresponding action it then must take.May 19, 2022 - Rhode Island Lawyers Weekly
Gender discrimination claims vs RISD dismissed
This article discusses a judge’s dismissal of hostile work environment and disparate treatment claims against the Rhode Island School of Design, finding that the plaintiff’s lawsuit failed to put forth plausible allegations of gender-based discrimination. Providence partner Steven Richard, leader of NP’s Higher Education and Title IX teams, and department attorney Caitlyn Smith, both of the Construction & Real Estate Litigation group, are representing RISD in the case.May 19, 2022 - The Business Journals
Remember the flurry of tuition-refund lawsuits? Here's what you need to know.
In this Q&A feature, Providence Complex Disputes partner Steven Richard, leader of NP’s Higher Education team, discusses the state of lawsuits arguing that institutions owe students refunds for moving operations and instruction online, noting some of the variables that could come into play over the next year.Feb 3, 2022 - Rhode Island Bar Journal
Transgender student rights under Title IX – the still-evolving and shifting landscape
Providence partner and leader of the Higher Education and Title IX teams Steven Richard and department attorney Caitlyn Horbert, both of the Complex Commercial Disputes practice, contributed this article on a much-debated and evolving Title IX question of whether discrimination against a transgender student in an education program or activity constitutes discrimination “on the basis of sex” subject to the statute’s protections.Jan 10, 2022 - Rhode Island Lawyers Weekly
Conditions on affordable housing project vacated
This article mentions Providence Complex Commercial Disputes partner Steven Richard for representing the Rhode Island State Housing Appeals Board (SHAB), following a Superior Court judge’s ruling that concurred with the SHAB’s decision to overturn conditions imposed by the town of Hopkinton when approving a developer’s application. The SHAB had asserted the town’s conditions did not adequately weigh the local need for affordable housing.Sep 17, 2021 - The Brown Daily Herald
US District Court of RI continues operations during pandemic
Providence Complex Commercial Disputes partner Steven Richard is quoted in this article on virtual legal proceedings in Rhode Island during the pandemic, noting he has seen a greater degree of collegiality among attorneys and more willingness to work together with opposing counsel.Feb 18, 2021 - Inside Higher Ed
Hold off or proceed?
Providence Complex Commercial Disputes partner Steven Richard says the lack of a fixed time frame for the completion of Title IX investigations has created uncertainty for colleges and universities during this public health crisis.March 26, 2020 - Providence Business News
Read fine print on cyberthreat coverage
Providence Complex Commercial Disputes partner Steven Richard is quoted in this article about how more Rhode Island businesses are purchasing insurance to protect against the fallout from potential data breaches.Sep 26, 2019 - American Lawyer “Litigation Daily”
How Nixon Peabody’s Brian Kelly Crushed the SEC
Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable District Court decision for NP’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios.June 13, 2019 - The Boston Globe
Sailing coach caught in maelstrom
In the following coverage, Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable District Court decision for NP’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios.June 13, 2019 - The Bond Buyer
Banker Cannava claims victory over SEC in 38 Studios case
In the following coverage, Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable district court decision for Nixon Peabody’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios. The team on this matter also included partners Kathleen Ceglarski Burns, Stephen LaRose and Steven Richard, associate Charles Dell’Anno and paralegal Kanda Faye.June 12, 2019 - The Providence Journal
Judge clears banker in 38 Studios case
In the following coverage, Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable District Court decision for NP’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios. The NP team on this matter also included partners Kathleen Ceglarski Burns, Stephen LaRose and Steven Richard, associate Charles Dell’Anno and paralegal Kanda Faye.June 12, 2019 - Providence Business News
Is a ransomware attack a reportable data breach?
Providence Complex Commercial Disputes partner Steven Richard authored this column about ransomware attacks and how businesses should respond, including considering whether the ransomware attack is reportable or subject to notification requirements.April 26, 2019 - Bond Buyer
Wells Fargo’s Cannava asks court to end 38 Studios case
Boston Government Investigations & White Collar Defense partner Brian Kelly and Providence Complex Commercial Disputes partner Steven Richard are quoted in this story on their representation of a Wells Fargo banker involved in Rhode Island’s bond placement with 38 Studios.April 2, 2019 - Law360
Brown reaches $3.5M deal to close book on ERISA suit
Providence Complex Commercial Disputes partner Steve Richard and San Francisco Labor and Employment counsel Chuck Dyke are mentioned in this article for their representation of Brown University in a matter involving employee retirement savings accounts.March 12, 2019 - Law360
Clarifying student due process rights at 6th Circuit
Providence Complex Commercial Disputes partner Steven Richard wrote this article analyzing a 6th Circuit court ruling that found a student accused of sexual assault on a college campus was deprived of his due process rights.Sep 13, 2018 - Rhode Island Lawyers Weekly
Continuing violation doctrine' can defeat Title IX limitations defense
Providence Complex Commercial Disputes partner Steven Richard is mentioned in this article for his representation of Brown University in a Title IX case.Sep 13, 2018 - Rhode Island Lawyers Weekly
Federal bar lauds adoption of ‘Kelvey’ depo standards
Providence Complex Commercial Disputes partner Steven Richard is quoted in this article about a District Court ruling that affirms the Kelvey rules of conduct for depositions, which are already standard among many attorneys in federal court.Aug 16, 2018 - Providence Business News
Leaving a Trace at Work With Your Biometric Data
Providence commercial litigation partner-elect Steven Richard wrote this column on how biometric data are replacing time cards and passwords as ways for employers to monitor their employees’ activities on the clock.May 24, 2018 - Law360
Law360 names attorneys who moved up the firm ranks in Q1
May 7, 2018In this roundup of promotions to partner and firm management positions, 14 attorneys from Nixon Peabody are highlighted. The 11 attorneys promoted to partner are Ellie Altshuler, Mark Beaudoin, Erik Birkeneder, Hannah Bornstein, Chris Browning, Barry Carrigan, Keri McWilliams, Matt Mullen, Steven Richard, Charles Tamuleviz and Alison Torbitt. In addition, Kenneth C. Lind was promoted to leader of the firms’ public finance practice group, Justin Thompson was promoted to office managing partner in LA, and Aaron Yowell was promoted to chief innovation officer.
- Rhode Island Lawyers Weekly
Revisiting Title IX process could benefit all lawyers say
Providence commercial litigation counsel Steven Richard provides commentary in this article about the Trump administration’s Title IX guidance document.Oct 5, 2017 - Rhode Island Lawyers Weekly
Unaffiliated student can’t bring Title IX damages suit vs. Brown
Providence commercial litigation counsel Steven Richard is quoted in this article for representing Providence College in a Title IX lawsuit.Sep 14, 2017 - Rochester Business Journal
10th Circuit rules university is not liable in alleged rape case
Rochester private equity and investment funds partner Jeremy Wolk and Providence commercial litigation counsel Steven Richard contributed this column about a Title IX lawsuit in which the plaintiff alleged deliberate indifference to her complaint by the university.July 28, 2017 - WJAR-TV (Providence NBC affiliate)
What businesses need to know about the Internet of things
Providence commercial litigation counsel Steven Richard is interviewed in this television segment about what steps companies can take to better secure their data and be less vulnerable to hacking.July 13, 2017 - Providence Business News
Is your business ready for the Internet of Things?
Providence commercial litigation counsel Steve Richard contributed this article on how businesses can leverage the Internet of Things.June 23, 2017 - SHRM
California court denies employer’s request to unmask author of anonymous post
Providence commercial litigation counsel Steve Richard contributed this article about a company’s efforts to remove a former employee’s anonymous online post which the company believed revealed company trade secrets.March 28, 2017 - Providence Business News
Cyberthreats looming
Providence commercial litigation counsel Steven Richard authored this column about the types of evolving cyber threats facing businesses and consumers.March 17, 2017 - Health Information Compliance Alert
Ransomware is Rampant & Your Risk Analysis Might Save You
Providence commercial litigation counsel Steven Richard is quoted in this article focused on the results of a new study highlighting a new trend toward specialized data breach insurance policies.June 1, 2016 - Rhode Island Lawyers Weekly
VW ‘clean diesel' suit sent back to state court
Commercial litigation counsel Steven Richard is quoted throughout this article about how two Providence lawyers paved the way for plaintiffs’ attorneys across the country to keep consumer lawsuits relating to the Volkswagen diesel emissions scandal in state court and out of federal multidistrict litigation in California, by suing local dealerships rather than the manufacturer.March 24, 2016 - WJAR-TV (Providence NBC affiliate)
Should Apple Release its Data to the FBI?
Providence commercial litigation counsel Steven Richard is interviewed in a segment about the battle between Apple and the FBI about the potential access to user data.Feb 26, 2016 - Providence Business News
Cyber Resolutions for 2016
Providence Commercial Litigation counsel Steven Richard authored this column discussing steps organizations can take to promote a data secure environment.Feb 8, 2016 - Bloomberg BNA Social Media Law & Policy Report
Shaq Must Defend Lawsuit After Posting Insulting Tweet
Providence Commercial Litigation counsel Steven Richard is quoted in this article about how the right of publicity affects social media use.Jan 20, 2016 - WJAR-TV
Business Lunch: Data Privacy
In this live, in-studio segment, Providence Commercial Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, discusses key data privacy and security issues.Nov 19, 2015 - Providence Business News
Safe Data Starts at Top
Providence Commercial Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, authored this column discussing how data security poses a paramount strategic concern and why proactive leadership at the highest organizational levels is required.Nov 2, 2015 - Law360
Call Me Unconstitutional: Hang-Up for SC's Robocall Law
Providence Commercial Litigation counsel Steve Richard authored this column discussing developments in and results of a court decision regarding a political consultant’s First Amendment challenge to South Carolina’s anti-robocall statute.Sep 16, 2015 - Rhode Island Lawyers Weekly
New Identity Theft Protection Law Receiving Mixed Reviews
Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing the Identity Theft Protection Act, which governs the steps businesses and other entities must take to prevent the theft of personal information like Social Security and credit card numbers.Aug 31, 2015 - Privacy & Security Law Report
Are Private Institution Security Department Records Subject to Disclosure Under Public Records Acts?
This column discusses two decisions that demonstrate the competing considerations in determining whether private institutions’ campus security departments equate to public acts subject to public records laws. Mike Cooney, Chris Thomas, Steven Richard and Kacey Houston Walker authored the piece.Aug 1, 2015 - Providence Business News
Commentary: Identity-theft law stronger
Providence Commercial Litigation counsel Steven Richard authored this guest column discussing the Rhode Island Identity Theft Protection Act of 2015.July 6, 2015 - Wall Street Journal
Laws Try to Resolve Employer-Employee Social Media Conflicts
Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing how state laws on social media are impacting employer-employee relations in the absence of an overarching federal law.May 28, 2015 - Law360
Social Media Class Notices Gain Traction but Carry Risks
Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing the use of social media—including LinkedIn and Twitter—for class notices.April 24, 2015 - ABA Pretrial Practice & Discovery
Domestic Transaction Test Applied to Private Action under CEA
Providence Commercial Litigation counsel Steven Richard discusses the Second Circuit decision leaving open the door for governmental enforcement of the Commodities Exchange Act’s antifraud provisions.March 2, 2015 - Law360
Use Social Media for Legal Service Only as a Last Resort
Providence Commercial Litigation counsel Steve Richard and associate Britt Killian authored this column discussing when there is the possibility of being served via social media.Oct 27, 2014 - Law360
Take Extra Steps When Social Media Page Is Evidence
Partner and Commercial Litigation practice group co-leader Jon Sablone, Providence counsel Steven Richard and Rochester associate Kevin Saunders authored this column discussing the foundational prerequisites to authenticate and admit website evidence that must be developed before presentation at trial.Oct 10, 2014 - Providence Business News
Courts Weigh Scope of Attorney-Client Privilege
Providence Commercial Litigation counsel Steven Richard authored this column discussing the protection of the attorney-client privilege in internal investigations.Sep 29, 2014 - Law360
Unmasking and Suing the Anonymous Social Media Speaker
Providence Commercial Litigation counsel Steven Richard authored this column discussing the issue of a social media user’s anonymity.Sep 19, 2014 - DRI Trials and Tribulations Newsletter
Can a Deponent Huddle with Counsel During a Deposition Time-Out?
Providence Commercial Litigation counsel Steven Richard authored this column discussing divergent court rulings and whether a deponent may confer with counsel during a deposition break and whether the content of the communication is discoverable.July 3, 2014 - Federal Bar Association's Side Bar
Will Remote Trial Testimony Become More Accepted In Civil Trials With Enhanced Technology?
Providence commercial litigation counsel Steve Richard authored this piece discussing use of remote trial testimony in civil cases under Federal Rule of Civil Procedure 43(a).June 20, 2014 - For the Defense
What Links in an E-Mail Chain Must Be Disclosed
Providence Commercial Litigation counsel Steve Richard discusses privilege issues arising out of e-mail communications.April 1, 2014 - Providence Business News
Take Care in Picking Where to Litigate
The importance of litigation forum selection is discussed in this column authored by Providence Commercial Litigation counsel Steve Richard.Jan 6, 2014
Admitted to practice
Rhode Island
Massachusetts
Connecticut
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. District Court, District of Rhode Island
U.S. District Court, District of Massachusetts
U.S. District Court, District of Connecticut
Education
Boston University, B.A., summa cum laude
Bryant College, M.B.A., with honors
Notre Dame Law School, J.D., magna cum laude
Professional activities
- American Bar Association
- Local Rules Committee of the United States District Court for the District of Rhode Island (Past chair)
- Rhode Island Bar Association, Federal Court Bench/Bar Committee and Superior Court Bench/Bar Committee
- Bryant University Board of Trustees
- Federal Bar Association, Rhode Island Chapter President
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the fields of Appellate Law, Commercial Litigation and Privacy and Data Security Law; listed in Best Lawyers since 2016
- Recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2024 for Litigation: General Commercial (Rhode Island) and has been recognized in previous years
- Recognized as a “Rhode Island Super Lawyer” in Business Litigation based on a peer-review survey by Thomson Reuters (2008-2017)
Insights And Happenings
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- Office:+1 312.977.4460Mobile:+1 708.606.8720
- jtruskusky@nixonpeabody.com
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- Office:+1 585.263.1558Mobile:+1 585.766.1480
- cnussbaum@nixonpeabody.com
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Christopher M. Mason
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- Office:+1 212.940.3017
- cmason@nixonpeabody.com
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