Author Archives: Cynthia Marcotte Stamer

Unknown's avatar

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 people, performance, risk, legislative and regulatory affairs, data, and other essential elements of their operations.

Justice Department Landlord Suit Shows Businesses Face Rising Disability Discrimination Enforcement Risks


DOJ Sues Another Landloard For Disability Discrimination Latest Action Shows Obama Justice Department Aggressively Enforcing Discrimination Laws The Justice Department on November 23, 2011 sued the University of Nebraska at Kearney (UNK), the Board of Regents of the University of … Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , , , , , , , , , , | Leave a comment

New NAE Accounting Method Safe Harbor Announced


Revenue Procedure 2011-46 provides a book safe harbor method of accounting for taxpayers using the nonaccrual-experience (NAE) method of accounting under § 448(d)(5) of the Internal Revenue Code and § 1.448-2 of the Income Tax Regulations. In general, under the NAE … Continue reading

Posted in Bankruptcy, CEO, M&A, Tax | Tagged , , , , , , , , | Leave a comment

Post Hurricane Irene, Tropical Storm Lee Low-Income Housing Relief In New York, Pennsylvania


The Internal Revenue Service has announced special relief designed to promote greater availability of low-income housing in New York and Pennsylvania for areas affected by Hurricane Irene. Notice 2011-87 suspends certain requirements under § 42 of the Internal Revenue Code for low-income housing credit projects … Continue reading

Posted in Bankruptcy, CEO, M&A, Tax | Tagged , , , , | Leave a comment

IRS Releases Final Rules On Disregarded Entities


The Internal Revenue Service has published new guidance on disregarded entities and excise taxes. Continue reading

Posted in Bankruptcy, CEO, M&A, Tax | Tagged , , | Leave a comment

Businesses Face Rising Disability Discrimination Enforcement Risks


Enforcing disability discrimination laws is a high priority of the Obama Administration Business leaders increasingly recognize the need to tighten procedures to manage disability discrimination risks.  The rising tide of enforcement actions highlights this expanding exposure. The July, 2011 Justice … Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , , , , , , , , , , | Leave a comment

97 Months Prison Sentence For Virginia Businessman Shows Risks of Misleading Investors


The sentencing of a Virginia business man provides a sharp reminder to businesses and others offering investment opportunities to avoid making unsupportable promises or engaging in other communications or actions that could mislead investors.

Continue reading

Posted in CEO, D&O, Director Liabiloity, Fiduciary Responsibility, Internal Controls, Officers, Shareholder Liability, Tax | Leave a comment

Rising NLBR Enforcement Actions Signal Need To Prepare To Defend Anti-Union and Other Non-Union Specific Practices Against Potential Challenges


The National Labor Regulations Board (NLRB)’s announcement of a settlement against a Connecticut nursing home operator this week in conjunction with a series of other enforcement actions highlight the need for businesses to tighten defenses and exercise other caution to minimize their organization’s exposure to potential NLRB charges or investigation. As reflected by many of these enforcement acts, the exposures arise both from active efforts by businesses to suppress union organizing or contracting activities, as well as the failure to identify and manage hidden labor law exposures in the design and administration of more ordinary human resources, compliance, business operations and other policies and practices.

Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Executive’s Sentencing Reminder To Government Contractors, Subcontractors of Need To Manage Bid Rigging & Other Compliance Risks


The U.S. Department of Justice’s May 10 announcement of the sentencing of a company executive for conspiracy to commit mail and wire fraud in connection with bids on a contract for the repair of refuse carts for the city of Chicago highlights the need for businesses and business leaders to use care to ensure the honestly and accuracy of minority subcontractor and other representations made when bidding and contracting for government contracts and other conduct in connection with their business dealings with federal, state or local government agencies.

Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Internal Controls, Officers, Reengineering, Shareholder Liability, Tax | Tagged , , , , , , , , , , , , , , | Leave a comment

Improving the Effectiveness of Compliance & Risk Management By Getting HR On The Compliance Team


Businesses leaders concerned with managing risk that can arise when an employee or other workforce member violates Sentencing Guideline or other rules for which the business or leader is legally accountable should not overlook the value of getting their human resources department and others responsible for managing performance on the compliance team.

Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Internal Controls, Officers, Shareholder Liability, Tax | Tagged , , , , , , , , , | Leave a comment

IRS Establishes Safe Harbor Election for Allocating Success-Based Fees Paid On Certain Business Transactions


IRS Establishes Safe Harbor Election for Allocating Success-Based Fees Paid On Certain Business Transactions
The Internal Revenue Service is establishing a new safe harbor that businesses may elect to use when allocating success-based fees paid in connection with a business organizsatoin under Treasury Regulation § 1.263(a)-5(e)(3) of the Income Tax Regulations.
Revenue Procedure 2011-29 will be published in Internal Revenue Bulletin 2011-18 on May 2. It will provide that in lieu of maintaining the documentation required by § 1.263(a)-5(f), electing taxpayers may elect to treat 70 percent of the success-based fee as an amount that does not facilitate the transaction. The remaining portion of the fee must be capitalized as an amount that facilitates the transaction.
About Solutions Law Press
Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on health care, human resources, employee benefits, data security and privacy, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources including:
• TPA’s Embezzlement Guilty Plea Reminds Plan Sponsors, Fiduciaries & Service Providers To Ensure Fiduciaries, Administrators & Staff Prudently Selected, Monitored & Bonded
• 4/19 Deadline For Comments On Proposed Rules For Selecting State Employment Service Delivery Systems Providers For Veterans
• ERISA Leader Nell Hennessy Dies From Cancer
• IRS Expands When HFSAs & HRAS May Allow Over-The-Counter Drug Purchases With Drug Cards
• IRS, HHS & DOL To Delay Enforcement of New Insured Group Health Plan Non-Discrimination Rules Pending Guidance; Seek Public Input on Rules
• DOL Announces Changes To H-2B Prevailing Wage Calculation Rules
• $1 Million + FLSA Overtime Settlement Shows Employers Should Tighten On-Call, Other Wage & Hour Practices
• Medical Resident Stipend Ruling Shows Health Care, Other Employers Should Review Worker Classification, Payroll & Other Practices
• CMS Physician Compare Web Site Offers Consumers New Provider Info Source
• Avoiding Post-Holiday Celebration Sexual Harassment & Discrimination Liability
• Small Employers Should Weigh If Health Premium Tax Credit Justifies Changing Employee Leasing Arrangements
• 2011 Standard Mileage Rates Announced
• Proposed New Defined Benefit Plan Annual Funding Notice Rule Reminder of Need to Carefully Manage Pension Plan Responsibilities
• Affordable Care Act Grandfathered Plan Rules Loosened To Allow Insured Plans Making Some Insurance Changes To Qualify
• Update Employment Practices To Manage Genetic Info Discrimination Risks Under New EEOC Final GINA Regulations
• EEOC Attacks Medical Leave Denials As Prohibited Disability Discrimination
• DOL Proposes To Expand Investment Related Services Giving Rise to ERISA Fiduciary Status As Investment Fiduciary
If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information here. To unsubscribe, e-mail here.

©2011 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press. All other rights reserved.
Continue reading

Posted in Bankruptcy, CEO, M&A, Tax | Tagged , , , , , , , , | Leave a comment

Plan Sponsors. Their Owners & Management & Others Risk Personal Liability If Others Defraud Plans or Mismanage Employee Benefit Plan Responsibilities


Executives, board members, and other business leaders of companies providing health, 401(k) or other employee benefits under plans regulated by the Employee Retirement Income Security Act of 1974, as amended (ERISA) should heed a series of recent fiduciary liability settlement orders and lawsuits of the U.S. Department of Labor (Labor Department) as important reminders of the potential personal liability exposures executives can may face if their company’s benefit programs are not appropriately maintained and administered.

Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, Officers, Reengineering, Shareholder Liability | Tagged , , , , , , | Leave a comment

Safeguarding Yourself From Liability For Another’s Employee Benefit Plan Embezzlement Or Other Misconduct


TPA’s Embezzlement Guilty Plea Reminds Plan Sponsors, Fiduciaries & Service Providers To Ensure Fiduciaries, Administrators & Staff Prudently Selected, Monitored & Bonded

Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, Officers, Reengineering, Shareholder Liability | Tagged , , , , , , , | Leave a comment

Tax Return Preparers – Including Tax-Exemption Forms – Must Get New Preparer Tax ID Number


New Internal Revenue Service regulations require all paid tax return preparers (including attorneys, CPAs, and enrolled agents) to apply for a Preparer Tax Identification Number (PTIN) — even if the preparer already has one — before preparing any federal tax returns in 2011. Continue reading

Posted in Tax | Tagged , , | Leave a comment

Businesses, Their Leaders & Owners Risk Liability If Mismanage Employee Benefit Obligations


Businesses leaders struggling to deal with economic setbacks frequently may be tempted to use employee benefit plan contributions or funds for added liquidity or otherwise fail to take appropriate steps to protect and timely deposit plan contributions or other plan assets. A long and ever-mounting series of decisions demonstrates the risks that distressed businesses, their officers, directors and other employees fail to make appropriate arrangements for the proper fulfillment of employee benefit plan related obligations Continue reading

Posted in Bankruptcy, Director Liabiloity, Employment, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , | Leave a comment

Workforce Reductions May Trigger Plant Closing & Union Notice, Benefit, & Other Obligations


Where a distressed business contemplates a plant closing or mass layoff, the business and its leaders should consider its potential responsibilities under the Worker Adjustment and Retraining Notification Act (WARN) and where applicable, make appropriate arrangements to comply or implement the restructuring to minimize or avoid triggering WARN obligations. In addition to WARN, business contemplating or implementing a plan closing, mass layoff or other reductions in force also should evaluate and make appropriate arrangements to address potential obligations under state plant closing laws, the medical coverage continuation mandates of the Consolidated Omnibus Budget Reconciliation Act (COBRA), retirement plan funding, notice and distribution, vesting or other obligations, for unionized environments, union notification, negotiation or other obligations, voluntary or contractually obligated termination pay or other severance obligations, unemployment, and other obligations. In this respect, particular attention generally is warranted to ensure that vesting and funding requirements for employee benefit plans are assessed and fulfilled, including any new or accelerated obligations to vesting if the reductions result in a partial or complete plan termination, cause underfunding of a defined benefit plans, special tax, securities or other obligations arising from the vesting of payment of deferred compensation under Internal Revenue Code § 409, golden parachute payments under Code §280G or other special compensation or benefits, as well as providing for appropriate application of employee benefit contributions withheld from pay., or otherwise. Continue reading

Posted in Bankruptcy, Director Liabiloity, Employment, Reengineering, Shareholder Liability, Tax | Tagged , , , , , , , , , | Leave a comment