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Steven M. Richard



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.

What do you focus on?

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.

What do you see on the horizon?

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.

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 & Presentations

  • “Balancing the attorney-client privilege and the need for disclosure in a breach response,” IAPP Global Privacy Summit, Washington, DC, April 2016

Revisiting Title IX process could benefit all lawyers say

Rhode Island Lawyers Weekly | October 05, 2017

Providence commercial litigation counsel Steven Richard provides commentary in this article about the Trump administration’s Title IX guidance document.

Unaffiliated student can’t bring Title IX damages suit vs. Brown

Rhode Island Lawyers Weekly | September 14, 2017

Providence commercial litigation counsel Steven Richard is quoted in this article for representing Providence College in a Title IX lawsuit.

10th Circuit rules university is not liable in alleged rape case

Rochester Business Journal | July 28, 2017

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.

What businesses need to know about the Internet of things

WJAR-TV (Providence NBC affiliate) | July 13, 2017

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.

Is your business ready for the Internet of Things?

Providence Business News | June 23, 2017

Providence commercial litigation counsel Steve Richard contributed this article on how businesses can leverage the Internet of Things.

California court denies employer’s request to unmask author of anonymous post

SHRM | March 28, 2017

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.

Cyberthreats looming

Providence Business News | March 17, 2017

Providence commercial litigation counsel Steven Richard authored this column about the types of evolving cyber threats facing businesses and consumers.

Ransomware is Rampant & Your Risk Analysis Might Save You

Health Information Compliance Alert | June 01, 2016

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.

VW ‘clean diesel' suit sent back to state court

Rhode Island Lawyers Weekly | March 24, 2016

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.

Should Apple Release its Data to the FBI?

WJAR-TV (Providence NBC affiliate) | February 26, 2016

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.

Cyber Resolutions for 2016

Providence Business News | February 08, 2016

Providence Commercial Litigation counsel Steven Richard authored this column discussing steps organizations can take to promote a data secure environment.

Shaq Must Defend Lawsuit After Posting Insulting Tweet

Bloomberg BNA Social Media Law & Policy Report | January 20, 2016

Providence Commercial Litigation counsel Steven Richard is quoted in this article about how the right of publicity affects social media use.

Business Lunch: Data Privacy

WJAR-TV | November 19, 2015

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.

Safe Data Starts at Top

Providence Business News | November 02, 2015

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.

Call Me Unconstitutional: Hang-Up for SC's Robocall Law

Law360 | September 16, 2015

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.

New Identity Theft Protection Law Receiving Mixed Reviews

Rhode Island Lawyers Weekly | August 31, 2015

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.

Are Private Institution Security Department Records Subject to Disclosure Under Public Records Acts?

Privacy & Security Law Report | August 01, 2015

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.

Commentary: Identity-theft law stronger

Providence Business News | July 06, 2015

Providence Commercial Litigation counsel Steven Richard authored this guest column discussing the Rhode Island Identity Theft Protection Act of 2015.

Laws Try to Resolve Employer-Employee Social Media Conflicts

Wall Street Journal | May 28, 2015

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.

Social Media Class Notices Gain Traction but Carry Risks

Law360 | April 24, 2015

Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing the use of social media—including LinkedIn and Twitter—for class notices.

Domestic Transaction Test Applied to Private Action under CEA

ABA Pretrial Practice & Discovery | March 02, 2015

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.

Contact

Steven M. Richard

Partner

Providence

Phone: 401-454-1020


Fax: 866-947-1332

Notre Dame Law School, J.D., magna cum laude

Bryant College, M.B.A., with honors

Boston University, B.A., summa cum laude

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

Steven was selected by his peers for inclusion in The Best Lawyers in America© 2018 in the fields of Commercial Litigation and Privacy and Data Security Law. Steven has been listed in Best Lawyers since 2016. He has also been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2017 for Litigation: General Commercial (Rhode Island).

Steven has also been recognized as a “Rhode Island Super Lawyer” in Business Litigation based on a peer-review survey by Thomson Reuters (2008-2017).

Steven is a member of the American Bar Association and the Local Rules Committee of the United States District Court for the District of Rhode Island, where he has served as chair. He is active in the Rhode Island Bar Association’s Federal Court Bench/Bar Committee and Superior Court Bench/Bar Committee.

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