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Bankruptcy/Restructuring

Consulting attorney Cynthia Marcotte Stamer helps businesses, governments and associations solve problems, develop and implement strategies to manage people, processes, and regulatory exposures to achieve their business and operational objectives and manage legal, operational and other risks. When working with clients, Cindy combines a client-oriented approach with an extensive practical and technical knowledge of human resources, insurance, employee benefits, health care, privacy & security, corporate compliance and other legal matters to assist clients to formulate and administer pragmatic operational and risk management strategies and effective internal controls taking into account the financial, operational, political, legal and other realities confronting the client.

Effective management of internal and external human resources and services providers is at the heart of any effective management or compliance strategy. Meanwhile, employment and employee benefit costs and liabilities are leading cost and liability drivers for all businesses and business leaders. Board certified in labor and employment law by the Texas Board of Legal Specialization, with more than 20 years extensive human resource and employee benefits experience, Ms. Stamer helps businesses , investors, creditors, bankruptcy trustees and other clients to manage their people-related risks and the performance of their internal and external staff. Cindy has worked extensively with employers in Texas, across the United States, and internationally to develop creative strategies for dealing with legal and organizational compliance, internal controls, personnel performance, motivation and discipline, compensation, workforce transition, occupational injury, health care and other employment and employee benefit concerns. She has significant experience advising clients about their risks, responsibilities and opportunities under applicable employment, employee benefits, and other laws and creative insurance, employment, and employee benefit strategies for managing these risks and liabilities. She conducts management, staff, and board training on managing risks with effective board and management oversight and decision making practices, effective corporate compliance and internal controls under Sarbanes-Oxley, HIPAA, Graham-Leech, the Patriot Act, the Foreign Corrupt Practices Act, trade secret and technology transfer, fiduciary responsibility, securities and investment and other laws triggering Federal sentencing guideline and or other substantial civil or criminal liability exposures and other matters. Cindy also works with employers to design and implement Federal Sentencing Guideline Compliance programs, and other programs to reduce costs and risks associated with compliance deficiencies by employees, consultants, and other service providers. She also regularly counsels employers about strategies for enhancing the defensibility of employment hiring, termination, demotion, review compensation, employee benefits, and promotion decisions and practices in a wide range of business contexts.

As an ongoing part of this practice, Cindy frequently helps businesses and business leaders manage employment and employee benefit exposures and compliance concerns arising out of workforce reductions, job restructuring, outsourcing, corporate mergers, acquisitions, sales, bankruptcies, and other significant business and workforce changes. She has extensive experience helping employers design, document, implement, and defend individual and mass employment transition, termination and layoff selection procedures and decisions to reduce liability under employment discrimination, whistleblower, workers' compensation, employee benefit and other applicable laws. Cindy's experience includes advising employers about the use, documentation, implementation, and defense of employment termination, promotion and review practices, voluntary and involuntary severance pay arrangements, early retirement windows and other incentive retirement arrangements, settlement agreements, ADEA and other waivers, and other employment and employee benefit risk-management strategies; amendment and termination of employee benefit and employment policies; termination, amendment, vesting, distribution, partial termination, tax-qualification, withholding, and other compliance obligations with regard to employee benefit plans; and compliance obligations under COBRA, WARN, discrimination, and other applicable laws. She also advises and represents investors, creditors and creditor committees, debtors, bankruptcy trustees, employee benefit plans and fiduciaries and others about dealings with distressed companies and employee benefit plans including risk assessment and mitigation, the administration, restructuring and termination of human resources and other services relationships; the administration, amendment or termination or employee benefit, compensation, and fringe benefit programs and practices, outsourcing, litigation or other investigation or enforcement actions by employees, contractors, plan participants and beneficiaries, and service providers, as well as the IRS, Department of Labor or other regulators arising out of workforce and staffing, employee benefit and insurance practices and programs in ongoing operations, corporate or credit transactions, bankruptcy or other situations.

Cindy also has applied her experience domestically and internationally working with inbound and outbound businesses to understand and manage regulatory and operational risks. She also has worked extensively with business and government on policy reform in a broad range of areas including workforce, migration, health care, social security privatization, insurance, tax, employee benefits, education, security, privacy and other reforms. She was instrumental in helping the Government of Bolivia develop the national pension legislation recently enacted in connection with their privatization efforts. Cindy also has played a leadership role in the organization of various public policy, trade mission and other initiatives that facilitate and promote international relations and trade on behalf of the US-Mexico Chamber of Commerce, the Texas Association of Business, the Dallas Council on World Affairs, the International Pension and Employee Benefits Lawyers Association and others.

A former adjunct professor at the University of Dallas Graduate School of Management, Cindy also is a highly popular lecturer and widely published author and columnist. She regularly publishes, speaks, and conducts training and workshops on workforce, employee benefit and other business reengineering concerns for business leaders, boards, trustees, creditors, debtors, employers, and others. For a listing of some of these programs, go to Bankruptcy and Restructuring Publications and Programs...

Recognized for her leadership by International Who’s Who of Professionals, Cindy also contributes her legal, operational, fundraising and public policy skills to numerous civic and professional leadership roles. For instance, Cindy presently serves as a member of the Editorial Advisory Board and a contribution author for several publications, including several human resources related publications of The Bureau of National Affairs as well as various other prominent business and legal publications. She also is the Chair, Welfare Benefit Subcommittee for the Real Property & Probate Section of American Bar Association (ABA), Vice Chair, Managed Care & Insurance Subcommittee for the ABA Health Law Section, Vice-Chair of the Workers’ Compensation and Employers’ Liability Law Committee within the Tort Trial and Insurance Practice Section of the ABA: Past-Chair, Dallas Bar Association’s Executive Compensation and Employee Benefit Committee, an active member of the Internal Revenue TE/GE Council, the Turnaround Management Association, the American Health Lawyers Association, State Bar of Texas, and Dallas Bar Association, the Dallas Chapter Board, Dallas Board Health Task Force Chair, State Health Partners Task Force Member, and Former State Executive Committee and State Board Member, Region II and Dallas Chapter Chair of the Texas Association of Business, the Patient Empowerment Board Founder & Co-Chair and Past President and Board Member, Alliance for Healthcare Excellence, a National Whistle-stop Speaker, Former National Board member, Former Dallas Chapter President and Board member, WEB Network of Benefits Professionals, a Member, Speaker, Former Board Member and Continuing Education Chair, Southwest Benefits Association, a Bi-National Board Member and Speaker for the U.S.-Mexico Chamber of Commerce; a speaker, Society for Human Resource Management (SHRM), and its Dallas Chapter, the Dallas Human Resource Association, former Region IV and National Consultants Forum Board Member, Global Forum, the DFW Business Group on Health, the International Foundation of Employee Benefit Plans, the International Pension and Employee Benefits Lawyers Association, Self Insurance Institute of America; and the Board of Directors of the National Kidney Foundation of North Texas.

Cindy is a graduate of Arizona State University and a graduate of Loyola Law School. She previously was associated with law firms in Dallas, Texas, Los Angeles, California and Phoenix, Arizona.

To find out more about how you can engage Cindy as your Solutions Lawyer, to conduct training for your organization, or for other information, call 469.767.8872 or email her at cstamer@cynthiastamer.com.

Selected publications and presentations of Ms. Stamer are available at:
Bankruptcy/Restructuring Documents...
Corporate Compliance/Risk Manag-Sox/Public Company Documents...
Corporate Compliance/Risk Management Documents...
Corporate Compliance/Risk Management-Nonprofit Documents...
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