The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Tuesday, June 20, 2006

Games employers play with stock options

Backdating: setting an options grant data before its approval date so that the exercise price is lower. Results in an option that is immediately in the money.

For example: Consider a company whose stock traded at $2.08 on July 1, $1.56 on July 15, and $2.15 on July 30. A person who started on July 1, 2006 who was granted employee stock options would have a grant price of $2.08 and person who started on July 15 would have a grant price of $2.25. If no back dating, the employee who started on July 15 would at the end of the month have stock options that were worth more (2.25-1.56 vs. 2.25-2.08) than the person who started at the just 15 days prior.

Other option games that employers play:

30-day window/lookback: Like backdating of the employee stock option grant but sets the exercise price to the lowest price in a 30 day window.

Forward-dating: picking a grant date after the approval date and after a falling stock starts to rise.

Spring loading: Setting a grant date to occur shortly before the release of positive news.

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