Matthew A Richards

Practice Areas

Matt Richards is a litigator who represents owners and general contractors in federal and state court construction and real estate litigation and arbitration. He also has significant antitrust, bankruptcy, and appellate experience, and serves as the firm’s Pro Bono Partner.

Career

Construction & Real Estate Development

I represent public entities, private owners, and general contractors in all phases of construction, from counseling and contract drafting through litigation of complex construction disputes. When litigation is required, I develop and implement case-specific strategies, from pre-litigation claims, investigation through fact and expert discovery to trial and appeal. My background and experience in bankruptcy and appellate work uniquely positions me to address two key ancillary issues that frequently confront my clients as litigation unfolds—dealing with insolvent adversaries and defending favorable rulings, judgments, and verdicts on appeal. Having litigated construction defect, mechanic’s lien, contract, insurance, indemnification, and statute of limitation/statute of repose issues from all sides, I can effectively advise our clients to minimize their risk.

Commercial Litigation

I litigate complex commercial matters in industries ranging from technology to logistics and insurance, and in a variety of practice areas, including antitrust, insurance, and trade secrets. I also coordinate strategy for, handle administrative appeals regarding, and litigate all manner of FOIA and state public records act matters.

Pro Bono

I was the 2017 Nixon Peabody Pro Bono Attorney of the Year, and have served as Nixon Peabody’s Pro Bono Partner since 2020. In addition to running our award-winning pro bono program and maintaining strong ties with our local and national legal services partner organizations, I maintain my own pro bono cases. My pro bono work includes successful representation of numerous clients seeking asylum in both affirmative applications and adversary proceedings; handling numerous Freedom of Information Act administrative appeals and U.S. District Court litigation for a renowned international human rights organization; successfully helping refugees from Afghanistan, Iraq, and Syria resettle in safe third countries in partnership with the International Refugee Assistance Program; and bringing suit against the Idaho Department of Corrections in U.S. District Court on behalf of a transgender inmate denied medically necessary treatment for gender dysphoria.

My representative experience includes:

• Represent The Regents of the University of California and another university system in cases involving claims for breach of contract and negligence against contractors and manufacturers and suppliers of utility piping arising from the catastrophic failure of underground utilities distribution piping systems at multiple campuses.

• Represent single-family residential owner in $10+ million construction defect and breach of contract arbitration against general contractor terminated for cause for failure to perform the work on project.

• Represented The Regents of the University of California in claims for breach of contract and negligence against designers, contractors, and manufacturer and supplier of utility piping arising from the catastrophic failure of an underground utilities distribution piping system designed to deliver hot water, chilled water, and steam to several buildings at the UCSF Mission Bay campus. Settled on favorable terms with all defendants.

• Represented public works contractor against subcontractor claiming unpaid amounts due on completion contract, unpaid retention, and prompt payment penalties in California state court bench trial. Obtained judgment on client’s cross-complaint for disgorgement of all monies paid to subcontractor due to subcontractor’s performance of unlicensed work for failure to carry workers' compensation insurance. Successfully defended judgment and subsequent award of attorneys’ fees on appeal.

• Represented public works contractor claiming unpaid retention, change order work, and fraud against school district and individual defendant, and defended contractor against breach of contract and false claims by district in three-week California state court jury trial. Obtained jury verdict on all affirmative claims and successfully defended against district’s false claims cause of action.

• Represented co-guarantor on failed condominium construction project in suit against other co-guarantor in California state court bench trial. Obtained judgment and net recovery in client’s favor.

• Defended public works contractor against subcontractor’s claims for nonpayment and improper termination in California state court bench trial. Obtained defense verdict on motion for judgment at close of plaintiff’s evidence, obtained award of attorneys’ fees, and successfully defended judgment and award on appeal.

• Defended Fortune 500 company against general contractor and subcontractors’ mechanic’s lien and other claims arising from solar panel installation project in complex, consolidated California state court cases. Obtained favorable early resolution of all consolidated cases.

Professional Memberships

Admissions:

o California

o U.S. Supreme Court

o U.S. Court of Appeals, Ninth Circuit

o U.S. District Court, Central District of California

o U.S. District Court, Eastern District of California

o U.S. District Court, Northern District of California

o U.S. District Court, Southern District of California

Personal

• University of California, Hastings College of the Law, J.D., cum laude (Order of the Coif; Thurston Society; Editor-in-Chief, Hastings International & Comparative Law Review)

• University of California, Berkeley, B.A. with distinction in general scholarship

• AIDS Legal Referral Panel, Board of Directors and Executive Committee (2011-2020), Advisory Board (2020-present)

• Lawyers’ Committee for Civil Rights, Member

• UC Hastings Alumni Association