Richard E. Nowak

Rick has been named a Benefits MVP by Law360, and he is consistently recognized as a leader in the field of ERISA litigation. Rick is a prolific writer on ERISA litigation and is a frequent speaker at key industry events and conferences. Rick also actively collaborates with the leading benefits trade associations and industry groups on ERISA litigation and regulatory policy, including with respect to amicus briefs and legislative and regulatory proposals to improve benefit plan administration and participant outcomes.

Rick returned to Mayer Brown in mid-2025 after spending several years as an in-house lawyer at Fidelity Investments, where he led a team of lawyers responsible for Fidelity’s benefit plan litigation and regulatory investigations and enforcement matters. During his time at Fidelity, Rick also supervised complex litigation matters involving securities, digital assets, and data privacy, and actively advised on legal and regulatory developments and administrative law challenges affecting the benefit plan industry, digital assets and cryptocurrencies, and the firm’s brokerage platform and investment funds.

Rick began his legal career as an attorney in the City of Chicago’s Department of Law, where he gained significant trial experience defending the city and its employees against constitutional and other civil rights claims in state and federal court.

• Harmon v. Shell Oil Company, 3:20-cv-21 (S.D. Tex.). Granting motion to dismiss fiduciary duty and prohibited transaction claims alleging the plan’s fiduciaries improperly allowed the plan’s recordkeeper to use participant data to market retail investment products outside of the plan.
• Dean v. National Production Workers Union, 2020 WL 6894665 (N.D. Ill.). Granting motion to dismiss the plaintiffs’ breach of fiduciary duty claims and dismissing separate claim that federal law required defendants to roll over the former union members’ plan assets into a different benefit plan.
• Griffin v. AT&T Umbrella Benefit Plan, 2020 WL 1185286 (E.D. Wisc.). Granting motion for summary judgment in an ERISA benefits lawsuit alleging the AT&T health plan improperly denied the plaintiff’s claims for short-term and long-term disability benefits.
• Wilcox v. Georgetown University 2019 WL 132281 (D.D.C.). Granting motion to dismiss class action lawsuit alleging that Georgetown breached its fiduciary duties by mismanaging its retirement plan.
• J.L. v. Northrop Grumman Health Plan, 2020 WL 7768126 (D. Utah). Granting motion for summary judgment in ERISA benefits lawsuit alleging Northrop Grumman and its claims administrator violated the Mental Health Parity and Addiction Equity Act by improperly denying coverage for the beneficiary’s continued stay at a mental health treatment center.
• Professional Orthopedic Associates v. Geico., 2016 WL 1338597 (D.N.J. Apr. 5, 2016). Granting motion to dismiss with prejudice for defendant finding that the medical services provider lacked standing and the individual plaintiff failed to exhaust his administrative remedies in an ERISA lawsuit for unpaid medical benefits.

Other Representative Matters

• Rychorcewicz v. Welltec, Inc., 768 Fed. App’x 252 (5th Cir. 2019). Affirming district court’s granting motion for summary judgment in a wage and hour collective action filed under the FLSA.
• In re: Diisocyanates Antitrust Litigation, MDL No. 2862 (W.D. Pa.) (pending). Represented multinational corporation in multidistrict litigation alleging antitrust violations against global manufacturers of polyurethane chemicals.
• Hardy v. City of Chicago, 717 Fed. App'x 627 (7th Cir. 2018). Affirming summary judgment for defendants in a matter alleging due process violations with respect to the City's and former Police Superintendent Garry McCarthy's handling of the sergeant promotion process.
• Doyle v. City of Chicago, 871 F.3d 540 (7th Cir. 2017). Affirming jury verdict and judgment as a matter of law in favor of defendants in a highly publicized lawsuit alleging political and racial discrimination with respect to the selection of Mayor Rahm Emanuel's personal security detail.
• State of Illinois Department of Human Rights (Nov. 13, 2020). Obtained dismissal of all charges brought by a former employee alleging harassment, retaliation, and constructive discharge against a large financial institution and six managers and executive-level employees.
• FinishMaster, Inc. v. BASF Corp., 1:18-cv-00970 (S.D. Ind. 2018). Obtained a favorable resolution for our client in a commercial dispute relating to the parties’ nationwide distribution relationship.
• In re: Rust-Oleum Restore Mktg., Sales Practices and Prods. Liab. Litig., MDL No. 2602 (N.D. Ill. 2017). Obtained a favorable resolution for our client in multidistrict class action litigation alleging violations of consumer and warranty laws.
• Grayer v. Ford Consumer Finance, 14-cv-10187, 14-cv-1765 (N.D. Ill. 2015). Granting motions to dismiss with prejudice for lack of subject matter jurisdiction in lawsuit consumer fraud, tax fraud, and other common law claims relating to handling of the plaintiff's mortgage loan.
• Langan v. The Big Ten Conference, Inc., 13-L-9828 (Circuit Court of Cook County, Illinois, 2014). Granting motions to dismiss and for summary judgment as to all claims in six-count lawsuit by a former football official alleging defamation, breach of contract and tort claims.
• Lattas v. ING Bank, 12-CH-18897 (Circuit Court of Cook County, Illinois, 2013). Granting motion to dismiss with prejudice as to all claims in a class action lawsuit alleging that its mortgage refinancing practices violated the Illinois Consumer Fraud and Deceptive Practices Act.
• Austin v. CitiMortgage, 10-cv-13185 (E.D. Mich. 2012). Granting motion to dismiss with prejudice community organization plaintiff's claims for lack of standing in action alleging that CitiMortgage's mortgage refinance practices were discriminatory and violated the Fair Housing Act, Civil Rights Act, and the Consumer Credit Protection Act.
• Davis v. City of Chicago, 07-L-7680, affirmed 2014 IL App (1st) 122427. Affirming jury verdict in favor of defendants in wrongful death lawsuit alleging that police-involved shooting was an unjustified homicide.
• Johnson v. City of Chicago, 09-cv-1614 (N.D. Ill. 2011). Jury verdict in favor of defendants in federal lawsuit alleging violations of the plaintiff's Fourth Amendment rights.
• Dishman v. City of Chicago, 07-cv-5626 (N.D. Ill. 2011). Jury verdict in favor of defendants in federal lawsuit alleging excessive force and violations of the plaintiff's Fourth Amendment rights.
• White v. City of Chicago, 07-cv-2539 (N.D. Ill. 2011). Jury verdict in favor of defendants in federal lawsuit alleging excessive force and violations of the plaintiff's Fourth Amendment rights.