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This is a way of repricing options to make them valuable or more valuable when the option "strike price" (the fixed price at which the owner of the option can purchase stock) is fixed to the stock price at the date the option was granted.

Cases of backdating employee stock options have drawn public and media attention.

One of the reasons spring-loading executive stock options seems so possibly scandalous is the same reason backdating did—it has been carried out in an underhanded way.

When these unusual options grants were revealed to shareholders, journalists, and regulators, immediately everyone wanted to know why executives were being so sneaky if they didn’t have anything to hide.

the much different – and more financially beneficial – tax rules that apply when issuing “at the money” or "out of the money" stock options.

Additionally, companies can use backdating to produce greater executive incomes without having to report higher expenses to their shareholders, which can lower company earnings and/or cause the company to fall short of earnings predictions and public expectations.

In short: why engage in accounting chicanery unless you are doing something you shouldn’t be doing?

In both backdating and spring-loading, however, the assumption that the stock options were structured to cheat shareholders seems wrong.

But a company suspected of spring-loading cannot be said to have that advantage, and executives can argue, truthfully, that there is no way to know for certain how the market will react to impending news.

Backdating stock options, as any of more than 100 companies now under scrutiny can now attest, is a bad idea.

But what about spring-loading, the forward-looking cousin of backdating?

In the first decision, involving allegations of backdating at Maxim Integrated Products Inc., the Chancellor recognized that stock option backdating is inherently deceptive and that “[a] director who approves the backdating of options faces at the very least a substantial likelihood of liability” for breaching the fiduciary duty of loyalty.

In the second case, involving allegations of stock option spring-loading at Tyson...

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