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Internal Controls and Risk Management

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.

Cindy is nationally and internationally sought out for her practical strategic knowledge and insights on operational and technical human resources, employee benefits, health care, insurance, and risk management concerns. Her insights have been quoted in the Wall Street Journal, the BNA Pension and Benefits Reporter, the Dallas Business Journal, the Houston Business Journal, Modern Health Care, Managed Healthcare Executive, Health Leaders, Caring for The Elderly Magazine, For The Record, the Dallas Morning News, Spencer Publications 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 conducts training and workshops for business leaders, boards, employees, and others on a wide range of topics. Some of her more prominent publications and programs include:

“Operationalizing Compliance With HIPAA Privacy & Securities Standards-A Brief Nutshell,” ABA Joint Committee Meeting, Boston: October 1, 2004, to be published in BNA Tax Management and Compliance Journal, Winter 2005.
“TPA Contracting Principles and Strategies,” Society of Professional Benefits Administrators Annual Conference, Seattle: September 14, 2004
“IRS plans to put tax-exempt organizations under the microscope,” Houston Business Journal, September 6, 2004
“Effective Cross Border Compliance Programs,” USMCOC NAFTA & CAFTA Conference, May 14, 2004
“How To Survive Sarbanes-Oxley,” AEA Executive Briefing: April 26, 2004
“Compliance In The Health Care Trenches: Real World Compliance Strategies For Improving Operations And Managing Risk,” HFMA Lone Star Chapter: April 22, 2004
“Effective Compliance Strategies: Making Ethics Work in Business & Government,” US-Mexico Chamber of Commerce Ethics Symposium, Guadalajara, Mexico: March 19, 2004
“Migration Policy: Workforce Issues,” U.S. Mexico Chamber of Commerce Annual Policy Conference: March 16, 2004
“In Sickness and In Health: Managing the Health Care Crisis and Respecting Employee Health-Related Rights,” EBG Annual Labor and Employment Briefing, New York: March 16, 2004
“The Medicare Prescription Drug, Improvement, & Modernization Law: What’s In It (And What’s Not) For You And Your Organization And What To Do About It,” Alliance for Healthcare Excellence: March 4, 2004
“Employers Face New Health Plan Privacy Rules Required By HIPAA,” Houston Business Journal: February 13-19, 2004
“What We Know So Far About The New Medicare Prescription Legislation: Health Savings Account Opportunities For Employers,” Southwest Benefits Association Intermediate Training Program: February 13, 2004
“Making Health Planning For Age and Illness Easier,” Dallas Bar Journal: February 1, 2004
“Health Costs Are ‘Out of Control’” Dallas Business Journal: March 28-April 3, 2004
“The Personal Health Care Toolbox: Real World Tools to Empower Employees and Patients,” Alliance for Health Care Excellence Patient Empowerment Conference: November 6, 2003
“Health Plan Fiduciaries and Their Duties” and “Health Plan University,” WEB Houston Chapter: October, 2003.
“Real World Tools that HR Professionals Can Share to Help Employees Cope with Seriously Ill or Aging Family Members” WEB Dallas Chapter: September 23, 2003
“Update on HIPAA Fraud, Privacy & Securities Rules,” ABA Annual Meeting Joint Committee on Employee Benefit Plans Program: September 12, 2003
“Legislative And Regulatory Developments Of Significance To Managed Care And Insurance Counsel,” ABA Health Law Section, Managed Care & Insurance Teleconference: June 24, 2003
“Fiduciary Responsibility In A Nutshell,” Southwest Benefits Association Annual Meeting: May, 2003
“Privacy Invasions of Medical Care-An Emerging Perspective,” ERISA Litigation Manual (BNA) 2003
“911: An Emergency Management Plan For Managing Your People Through a Catastrophe or Crisis,” Dallas CPA Society and SMU Executive Accountant Symposium: January 10, 2003
“Legal Requirements Affecting Health Plan Design Strategies.” Corporate Counsel Review: May 2002.
“When Your Employee’s Private Life Becomes Your Business,” WEB Dallas Chapter: November 21, 2001 and SHRM California Chapter Statewide Training Program: January 2002
“Benefits Planning for Mergers, Acquisitions, and Downsizing,” Mergers and Acquisitions: The Monthly Tax Journal: February 2002.
Contributing Author, Contingent Workforce Treatise jointly published by The Bureau of National Affairs and the American Bar Association Labor Section in 2001.
“COBRA Liabilities in Corporate Transactions,” Mergers and Acquisitions: The Monthly Tax Journal: October 2001.
“New Rules of the Road: Claims Administration, Privacy & Administrative Simplification” Health Care Under the Bush Regime: Who Plays? Who Pays? Conference, Feb 12, 2001.
Contributing Author of Chapter on “Managed Care” for ERISA Litigation Treatise (BNA/American Bar Association Labor Section): 2000.
“Using, Deposing and Cross Examining Expert Witnesses in Credentialing” NAMSS, September 2000.
“Designing and Administering Health Care Provider Billing Practices, Systems and Procedures to Effectively Collect Compensation While Avoiding Fraud, Privacy and Other Legal Pitfalls Applicable to Healthcare Providers” HIMMS: 2000.
“A Survivor's Guide To Health Care Insolvency and Bankruptcy” June 2000.
“Workers' Compensation: Managing Medical Expenses and Time Lost” National Managed Health Care Congress Conference Workbook: April 2000.
“Benefit Design Strategies for the New Millennium” National Managed Health Care Congress Conference Workbook: April 2000.
“Selected Issues Regarding Health And Welfare Plans For Texas Governmental Employers” Spring 2000.
“Pharmacy Moving Forward Toward Credentialing” presented at the National Managed Health Care Congress Annual Meeting (October 17 – 19, 1999) and reprinted Healthcare Financial Management Magazine: Spring 2000.
“Inadequate or Misleading Benefits, Communications Trigger Liability for Plan Sponsors, Administrator's” Spencer’s Research Reports on Employee Benefits: January 14, 2000.
“A Proactive Approach to HR and Benefit Planning for Mergers, Acquisitions, Downsizing, Reengineering and Other Organizational Changes” TABCC Employment Relations Seminar Handbook: 1999.
“Selected Thoughts About Drafting, Negotiating & Enforcing Executive Employment Agreements” University of Texas School of Law 6th Annual Conference on Labor and Employment Law Conference Handbook: 1999.
Chapters on “Employee Benefits” and “The Texas Payday Act” Texas Employment Law : 1999.
“The Latest Buzz on Managed Care Liability,” American Health Lawyers Association, Healthcare Liability and Litigation Substantive Law Committee What’s Up in Liability Program Manual: June 29, 1999.
“Selected Thoughts About Drafting, Negotiating & Enforcing Executive Employment Agreements,” University of Texas School of Law 6th Annual Conference on Labor and Employment Law Conference Handbook: 1999.
“Be a part of health care reform debate” Dallas Business Journal: week of April 19, 1999.
Chapters on “Employee Benefits” and “The Texas Payday Act” in Texas Employment Law book published by James Publishing: 1998.
“Fiduciary Hot Spots In the Design and Administration of Employer-Sponsored Health Plans,” American Bar Association Annual Meeting: 1998.
“A Proactive Approach to HR and Benefits Planning for Mergers and Acquisitions,” and “Design and Operational Issues Affecting Managed Care Organizations,” American Health Lawyers Associations Mergers & Acquisitions Conference: 1998.
“Professional Ethics and Peer Review in Nursing,” Business Institutes: 1998
“Employee Benefits And Other Human Resource Issues Affecting Health Care Transactions” American Health Lawyers Association: November 19-20, 1998.
“What to Do When an Employee's Private Life Becomes Your Business” Thompson Publishing Company Benefits Management Forum & Expo: September 13-16, 1998.
“How to Conduct an Internal Investigation” Council on Education in Management: May 29, 1998.
“The People Practicalities of Structuring Provider Organizations” Dallas Bar Association Health Law Section: May 20, 1998.
“Sex, Drugs and Rock and Roll: Managing Sexual Misconduct, Drug Use And Other Employee Personal Behavior Issues In The Workplace” American Management Association: 1998.
“Issues of Professional Responsibility” and “AIDS and the Workplace Update” Chapters in Nursing Law in Texas (National Business Institute): 1998.
“What Every Corporate Counsel Needs to Know About HIPAA” Dallas Bar Association, Corporate Counsel Section : January 6, 1998.
“Structuring Provider Organizations,” State Bar of Texas Advanced Tax Law Coursebook: 1997.
“Adding Value Through Strategic Provider Contracting.” National Association of Dental Plans: 1997.
“Design Issues Affecting MCOS and Employer-Sponsored Health Plans,” American Bar Association Managed Care Law Conference: 1996.
“A Guide to Qualified Medical Child Support Orders in Texas,” State Bar of Texas 1995.
“Payor-Based Agreements: Defining Who Pays and Provides Benefits” National Health Lawyers Association Managed Care Law Handbook: 1995.
“ERISA Preemption's' Use to Cut Workers' Compensation Costs,” Benefits Law Journal: 1992.
“Worker's Compensation” Chapter published in Employment Law Handbook: 1992.

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:
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Corporate Compliance/Risk Manag-Sox/Public Company Documents...
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