Tag: Louis Barr
Renewable Energy Credits: Representations and Warranties Every Buyer Should Ask For
November 6, 2011 by
Shanah Glick, Louis Barr & Alan Barth
When buying renewable energy credits (RECs), purchasers should make sure to negotiate a short but critical set of REC-focused representations and warranties. These representations and warranties are promises regarding the REC itself or the seller’s ownership of the REC. The purpose of these promises is to set out the parties’ expectations as to the nature...
New Effective Dates Set For ERISA Disclosure Rules
September 6, 2011 by
Louis Barr
Effective Date of Service Provider Fee Disclosure Extended to April 1, 2012
Effective Date of Participant-Level Disclosure Extended to May 31, 2012
On July 16, 2011, the U.S. Department of Labor’s Employee Benefits Security Administration issued an interim-final regulation aligning and implementing the two remaining components of its three-pronged...
Supreme Court Expands Scope of Deferential Review of ERISA Plan Administrators’ Determinations
June 7, 2010 by
Louis Barr
The U.S. Supreme Court’s recent ruling in Conkright v. Frommert, [1] highlights the importance of ensuring that an ERISA plan’s documents explicitly grant discretionary authority to the plan administrator to interpret the plan and resolve ambiguities. The ruling affirms that a court will not second guess an administrator armed with such authority even...