10 Practical Pointers To Use Law To Better Strengthen The Legal Defensibility Of Your Business & Its Leaders


Businesses and their leaders struggling to managing the ever-changing and constantly growing regulatory and other legal risks inherent in operating a business in today’s litigation and enforcement-charged environment often miss invaluable opportunities by failing to take certain basic steps that strengthen their liability defenses and the effectiveness of their risk management and compliance efforts.

While each organization and leader needs to carefully tailor its organizational risk management and compliance programs to meet the unique needs and challenges of its operations, all risk management and compliance efforts generally should incorporate and operate on at least each of the following 10 tips:

  1. Lead From The Top: Couple Talk With Meaningful, Documented Management
  2. Know What Hats You, Your Organization & Its People Wear, When & Why It Matters
  3. Know & Prioritize Your Organization’s Responsibilities & Risks
  4. Know What Workers Are Employees Vs. Contractors, & Comply & Manage Accordingly
  5. Master Differences & Interplay Between Legal, Risk Management, Compliance & Human Resources
  6. Privacy Matters: Know & Secure Your Data & Other Sensitive Information
  7. Manage Your Internal & External People, Systems & Processes: Policies, Oversight & Enforcement
  8. Learn How To Get, Protect and Use Attorney-Client Privilege, Business Records & Other Rules of Evidence To Strengthen Defenses
  9. Document & Communicate Compliantly & Strategically
  10. Prepare, Practice & Properly Use Your Disaster Response & Recovery Plan

While organizations and leaders that take these steps still face liability if their organization or one of its employees or agents breaches a legal duty, proper use of these steps generally can help minimize the risk of legal missteps and helps position the organizations and their leaders to mitigate resulting legal liabilities in the event things go wrong.

For Advice, Representation, Training Or More Information

If you need help responding to these performance and risk management, compliance, enforcement or management concerns, updating or defending your management, corporate governance, compliance, risk management, workforce or other policies, practices, or actions, board or other training, or other assistance or information, contact the author of this update, management attorney Cynthia Marcotte Stamer.

Managing Shareholder of Cynthia Marcotte Stamer, P.C., a member of Stamer│Chadwick │Soefje PLLC, Ms. Stamer’s more than 27 years’ of leading edge work helping management lead and manage risk, operations and compliance as an practicing attorney, author, lecturer and industry and policy thought leader have resulted in her recognition as a “Top” attorney in employee benefits, labor and employment and health care law.

Board certified in labor and employment law by the Texas Board of Legal Specialization, a Fellow in the American College of Employee Benefit Counsel, past Chair and current Welfare Benefit Committee Co-Chair of the American Bar Association (ABA) RPTE Section Employee Benefits Group, Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, an ABA Joint Committee on Employee Benefits Council Representative and Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Ms. Stamer is recognized nationally and internationally for her work helping organizations and their management use the law and process to manage people, process, compliance, operations and risk.

Highly valued for her rare ability to find pragmatic client-centric solutions by combining her detailed legal and operational knowledge and experience with her talent for creative problem-solving, Ms. Stamer works with businesses and their management, employee benefit plans, governments and other organizations to deal with all aspects of human resources and workforce management operations and compliance.

As determined by the needs of her clients, Ms. Stamer supports her clients both on a real time, “on demand” basis as well as on longer term basis to deal with daily performance management and operations, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy. Ms. Stamer advises, represents, coaches and defends public and private, domestic and international businesses, governments, employee benefit plans and their fiduciaries, and other organizations and their leaders about credentialing, engagement, contracting and other policy and program development and documentation, performance management, compensation and benefits, occupational injury and safety, and other risk and performance management of employees and other service providers, vendors and suppliers, customers and others; Federal Sentencing Guideline and other compliance, corporate governance, and internal controls; business disruption and continuity, disaster preparedness and response, occupational injury, corporate compliance, government investigation and other critical event planning, investigation and response; director, officer, and other leadership development, succession and liability management; trade secret, data security and breach, and other confidentiality and privacy policies, practices, events and processes; government and other contracting; business disruption and continuity, record retention and other documentation and reporting, and a host of other concerns. She also conducts, or assists and counsels clients to plan, conduct, review and redress findings from legal or corporate policy breaches, whistleblower or other complaints or reports, internal investigations, mock audits, government, customer, vendor, accounting firm, credentialing and other audits or investigations; employment and other services, compensation, employee benefits, investigations, officer, director and fiduciary liability, insurance and other workforce and operational aspects of mergers, acquisitions, restructurings, bankruptcies and other corporate events; cybercrime, identity theft, FACTA, HIPAA, tax, personal financial information, personal health information, trade secret and other data misappropriation or other breaches and threats to data, information, systems and processes, and other risk or compliance events; to evaluate, implement, and enforce D&O, E&O, General Liability, Fiduciary Liability, risk pools, captive insurance, indemnity, and other liability and risk retention and mitigation arrangements; as well as represents and defends organizations, employee benefit plans, and their leaders in government and private investigations and audits, regulatory actions, litigation and other enforcement actions.

A primary drafter of the Bolvian social security privatization law with extensive domestic and foreign regulatory and public affairs experience and widely recognized for her extensive involvement with U.S. health care, pension and social security and workforce policies, Ms. Stamer also has extensive government relations and public policy experience. She has been and remains deeply involved in helping to influence the Affordable Care Act and other health care, pension, social security, workforce, insurance and other policies critical to the workforce, benefits, and compensation practices and other key aspects of a broad range of businesses and their operations. She both helps her clients respond to and resolve emerging regulations and laws, government investigations and enforcement actions and helps them shape the rules through dealings with Congress and other legislatures, regulators and government officials domestically and internationally. A former lead consultant to the Government of Bolivia on its Social Security reform law and most recognized for her leadership on U.S. health and pension, wage and hour, tax, education and immigration policy reform, Ms. Stamer works with U.S. and foreign businesses, governments, trade associations, and others on workforce, social security and severance, health care, immigration, privacy and data security, tax, ethics and other laws and regulations. Founder and Executive Director of the Coalition for Responsible Healthcare Policy and its PROJECT COPE: the Coalition on Patient Empowerment and a Fellow in the American Bar Foundation and State Bar of Texas. She also works as a policy advisor and advocate to health plans, their sponsors, administrators, insurers and many other business, professional and civic organizations.

Author of the thousands of publications and workshops these and other employment, employee benefits, health care, insurance, workforce and other management matters, Ms. Stamer also is a highly sought out speaker and industry thought leader known for empowering audiences and readers. Ms. Stamer’s insights on employee benefits, insurance, health care and workforce matters in Atlantic Information Services, The Bureau of National Affairs (BNA), InsuranceThoughtLeaders.com, Benefits Magazine, Employee Benefit News, Texas CEO Magazine, HealthLeaders, Modern Healthcare, Business Insurance, Employee Benefits News, World At Work, Benefits Magazine, the Wall Street Journal, the Dallas Morning News, the Dallas Business Journal, the Houston Business Journal, and many other publications. She also has served as an Editorial Advisory Board Member for human resources, employee benefit and other management focused publications of BNA, HR.com, Employee Benefit News, InsuranceThoughtLeadership.com and many other prominent publications. Ms. Stamer also regularly serves on the faculty and planning committees for symposia of LexisNexis, the American Bar Association, ALIABA, the Society of Employee Benefits Administrators, the American Law Institute, ISSA, HIMMs, and many other prominent educational and training organizations and conducts training and speaks on these and other management, compliance and public policy concerns.

Ms. Stamer also is active in the leadership of a broad range of other professional and civic organizations. For instance, Ms. Stamer presently serves on an American Bar Association (ABA) Joint Committee on Employee Benefits Council representative; Vice President of the North Texas Healthcare Compliance Professionals Association; Immediate Past Chair of the ABA RPTE Employee Benefits & Other Compensation Committee, its current Welfare Benefit Plans Committee Co-Chair, on its Substantive Groups & Committee and its incoming Defined Contribution Plan Committee Chair and Practice Management Vice Chair; Past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group and a current member of its Healthcare Coordinating Council; current Vice Chair of the ABA TIPS Employee Benefit Committee; the former Coordinator and a Vice-Chair of the Gulf Coast TEGE Council TE Division; on the Advisory Boards of InsuranceThoughtLeadership.com, HR.com, Employee Benefit News, and many other publications. She also previously served as a founding Board Member and President of the Alliance for Healthcare Excellence, as a Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; the Board President of the early childhood development intervention agency, The Richardson Development Center for Children; Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee; a member of the Board of Directors of the Southwest Benefits Association.

If you are interested in exploring other steps that your business or other organization or its leaders can take to use the law and other processes to minimize or resolve legal or operational risks or other help assessing or managing your workforce, operations or for additional information about Ms. Stamer, contact Ms. Stamer via email here or via telephone to (469) 767-8872 or see www.cynthiastamer.com

About Solutions Law Press, Inc.™

Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also may be interested reviewing other Solutions Law Press, Inc.™ resources here such as:

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©2015 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press. All other rights reserved.

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About Cynthia Marcotte Stamer

Management attorney and operations consultant Cynthia Marcotte Stamer uses a client objective oriented approach to help businesses, governments, associations and their leaders manage performance, operations and risks.
This entry was posted in Bankruptcy, Board of Directors, CEO, CFO, Compliance, D&O, Data Security, Deferred Compensation Plans, Director Liability, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Labor Relations, M&A, Officers Liability, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Tax, Turnaround Management and tagged , , , , , , , , , , , , . Bookmark the permalink.

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