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SOCIAL SCIENCE
RESEARCH NETWORK
EMPLOYEE BENEFITS, COMPENSATION & PENSION LAW ABSTRACTS
Sponsored by Pension
Governance, LLC
Vol. 8, No. 29: August
30, 2007
Editor: PAMELA J. PERUN
Policy Director, Aspen
Institute - Initiative on
Financial Security
PAMELA@PLANETNOW.COM
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Topic of This Issue:
Executive Compensation
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T A B L E O F C O N T E N T S
"Two Goals for Executive Compensation Reform"
BRETT MCDONNELL
University of Minnesota Law School
"Unpacking Backdating: Economic Analysis and Observations on the
Stock Option Scandal"
DAVID I. WALKER
Boston University School of Law
"Perspectives: Executive Compensation: Much Ado About Nothing?"
DENISE DICKINS
Florida Atlantic University - School of Accounting
BOB HOUMES
Florida Atlantic University - School of Accounting
"Perspectives: On the Use (and Abuse) of Stock Option Grants"
RANDALL A. HERON
Indiana University
ERIK LIE
University of Iowa - Henry B. Tippie College of
Business
TOD PERRY
Indiana University - Kelley School of Business
"Expensing Executive Stock Options: The Agency Problem and
Structure of Management Compensation"
FAYEZ A. ELAYAN
Brock University - Accounting
THOMAS O. MEYER
Southeastern Louisiana University - Department of
Marketing and Finance
JENNIFER LI
Brock University
"Stock and Option Proportions in Executive Compensation"
PHELIM P. BOYLE
Wilfrid Laurier University - School of Business
&
Economics
RANJINI JHA
University of Waterloo - School of Accountancy
SHANNON KENNEDY
University of Waterloo - Department of Applied
Mathematics
WEIDONG TIAN
University of Waterloo - Department of Statistics
and
Actuarial Science
"Director Compensation and CEO Bargaining Power in REITs"
ZHILAN FENG
Union College
CHINMOY GHOSH
University of Connecticut - School of Business
C.F. SIRMANS
University of Connecticut - Center for Real Estate
and
Urban Economic Studies
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"Two Goals for Executive Compensation Reform"
New York Law School Law Review, Vol. 52, 2007
Minnesota Legal Studies Research Paper No.
07-34
Contact: BRETT MCDONNELL
University of Minnesota Law
School
Email: bhm@umn.edu
Auth-Page:
http://ssrn.com/author=94918
Full Text:
http://ssrn.com/abstract=1008356
ABSTRACT: Most corporate law scholars who suggest reforming
executive compensation worry about corporate governance problems
that arise out of poor compensation design. Most politicians who
suggest reforming executive compensation seem as or more worried
about growing economic inequality. This essay briefly considers
two arguments justifying legal scholars in ignoring the concern
with inequality. The first argument says that we should address
inequality concerns only through tax and transfer policy. This
essay responds that politics may dictate sometimes trying to
reduce inequality through other means as well. The second
argument claims that high pay for the top executives of public
corporations has played only a small role in the growth of
economic inequality. This essay finds this argument much more
persuasive, but suggests reasons why further empirical
investigation may still show that reforming executive
compensation may be a modestly important part of a broader
package of reforms to reduce inequality.
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"Unpacking Backdating: Economic Analysis and Observations on the
Stock Option Scandal"
Boston University Law Review, Vol. 87, p. 561, 2007
Boston Univ. School of Law Working Paper No.
07-17
Contact: DAVID I. WALKER
Boston University School of
Law
Email:
diwalker@bu.edu
Auth-Page:
http://ssrn.com/author=189230
Full Text:
http://ssrn.com/abstract=1005678
ABSTRACT: The corporate stock option backdating scandal has
dominated business page headlines since the summer of 2006. The
SEC has launched investigations of more than one hundred
companies with respect to the timing and pricing of stock options
granted during the boom years of the late 1990s and early 2000s,
and the number of firms caught up in the scandal continues to
increase. This Article contributes to our understanding of the
backdating phenomenon by analyzing the economics of backdating
and the characteristics of the firms under investigation. Its
main points are the following: First, given the high volatilities
of the stocks of the technology companies that dominate the list
of firms under investigation and the fact that options granted to
executives and employees typically may not be exercised for
several years, press reports that focus on the size of the strike
price ?discounts? achieved by backdating significantly overstate
the impact on the value per share of backdated options. In some
cases, reducing the strike price by a dollar per share by
backdating increased the Black-Scholes value of the option by
less than twenty cents per share. Second, backdating dramatically
reduced the apparent value of options, which reduced the total
level of executive compensation reported to shareholders.
However, because the size of executive stock option grants often
is determined by first establishing the value to be delivered and
then ?backing into? the number of shares to be covered by the
option, reducing the apparent value of option shares may have
substantially increased the size and economic value of some
backdated executive option grants. Third, comparison of
semiconductor firms under investigation for backdating with peer
companies that are not suggests an association between backdating
and the use of options in compensating non-executive employees.
This Article considers the effects of and several possible
explanations for backdating non-executive options, including
reducing apparent rank and file compensation. Finally, this
Article argues that the backdating phenomenon is not an
accounting scandal. Backdating has accounting consequences, but
it is unlikely to have been accounting driven.
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"Perspectives: Executive Compensation: Much Ado About Nothing?"
Financial Analysts Journal, Vol. 63, No. 3, pp. 28-31, 2007
Author: DENISE DICKINS
Florida Atlantic University -
School of Accounting
Auth-Page:
http://ssrn.com/author=490139
Contact: BOB HOUMES
Florida Atlantic University -
School of Accounting
Email:
rhoumes@gate.net
Auth-Page:
http://ssrn.com/author=358427
Abstract:
http://ssrn.com/abstract=991952
ABSTRACT: Recent concerns about the level of executive
compensation led to revisiting the question of whether highly
compensated corporate employees earn their pay. Several measures
of company performance indicate that companies with the most
highly compensated employees perform only in a manner consistent
with other companies. Our results provide support for those who
have recently expressed dismay over compensation levels.
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"Perspectives: On the Use (and Abuse) of Stock Option Grants"
Financial Analysts Journal, 2007
Author: RANDALL A. HERON
Indiana University
Email:
rheron@iupui.edu
Auth-Page:
http://ssrn.com/author=289484
Co-Author: ERIK LIE
University of Iowa - Henry B.
Tippie College of
Business
Email:
erik-lie@uiowa.edu
Auth-Page:
http://ssrn.com/author=182733
Co-Author: TOD PERRY
Indiana University - Kelley
School of Business
Email:
rtperry@iupui.edu
Auth-Page:
http://ssrn.com/author=33083
Abstract:
http://ssrn.com/abstract=991928
ABSTRACT: Recently, a significant number of companies have come
under public and regulatory scrutiny for backdating stock option
grants. This article discusses factors that influenced the
dramatic increase in stock option compensation and summarizes the
academic research that led to the discovery of backdating. The
information gained in this early stage of investigation provides
some insight into the number of companies and potential costs of
option backdating. Increased transparency and timely disclosure
should curtail grant-date manipulation, but the credibility of
the disclosure system requires active enforcement of the rules
and standards. Investors need accurate, complete disclosures of
executive compensation to hold boards of directors accountable
for executive compensation.
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"Expensing Executive Stock Options: The Agency Problem and
Structure of Management Compensation"
Contact: FAYEZ A. ELAYAN
Brock University - Accounting
Email:
fayez.elayan@brocku.ca
Auth-Page:
http://ssrn.com/author=151150
Co-Author: THOMAS O. MEYER
Southeastern Louisiana
University - Department of
Marketing and Finance
Email:
Thomas.Meyer@selu.edu
Auth-Page:
http://ssrn.com/author=151153
Co-Author: JENNIFER LI
Brock University
Email:
Jennifer.Li@BrockU.CA
Auth-Page:
http://ssrn.com/author=191116
Full Text:
http://ssrn.com/abstract=987698
ABSTRACT: This research examines the valuation effect and the
factors associated with firms' decisions to expense executive
stock options, as well as determinants of market reaction to
expensing announcements. The likelihood of expensing is found to
be higher for firms subject to fewer agency problems and having a
?share-holder friendly? corporate governance structure. These
results suggest that the decision to expense is heavily
influenced by the extent of discipline, monitoring, and how
closely the interests of management and stockholders are aligned.
The mean and median announcement-period returns are not found to
be significantly different from zero. However, the
post-announcement period abnormal returns are negative and
statistically significant. The cross-sectional analysis provides
support for the prediction that the market reaction to expensing
has a differential valuation effect related to the level and
structure of management compensation. Namely, companies with a
higher percentage of long-term compensation (to total
compensation) and a higher percentage of total compensation (to
total assets) have negative, or less positive, average abnormal
returns.
These results are consistent with the first part of the argument
advanced by the proponents of expensing options, that recognition
causes reported earnings to decline and share prices to follow.
The second part of their argument is that boards of directors
will then be less inclined to grant excessive options is not
supported. The perceived benefits (if capitalized in share price
at announcement time) of the boards' action in terms of more
transparency, is either absent or does not offset the negative
impact of lower earnings and share prices of expensing firms.
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"Stock and Option Proportions in Executive Compensation"
Author: PHELIM P. BOYLE
Wilfrid Laurier University -
School of Business &
Economics
Email:
pboyle@watarts.uwaterloo.ca
Auth-Page:
http://ssrn.com/author=57402
Contact: RANJINI JHA
University of Waterloo -
School of Accountancy
Email:
rsivakumar@uwaterloo.ca
Auth-Page:
http://ssrn.com/author=118931
Co-Author: SHANNON KENNEDY
University of Waterloo -
Department of Applied
Mathematics
Email:
jskenned@math.uwaterloo.ca
Auth-Page:
http://ssrn.com/author=825094
Co-Author: WEIDONG TIAN
University of Waterloo -
Department of Statistics
and Actuarial Science
Email:
wdtian@uwaterloo.ca
Auth-Page:
http://ssrn.com/author=645912
Full Text:
http://ssrn.com/abstract=991943
ABSTRACT: There is controversy about the relative merits of stock
and options in executive compensation in terms of their
efficiency in providing incentives. Some observers contend that
stock is the more efficient mechanism for providing the desired
incentives, while others reach the opposite conclusion. There is
currently no consensus on this point in the literature. This
paper proposes a simple model to address this issue. We conclude
that there is an important role for both stock and options in the
optimal contract. The model indicates that firms with higher
volatility should use more options in compensating their
executives.
______________________________
"Director Compensation and CEO Bargaining Power in REITs"
Journal of Real Estate Finance and Economics, Vol. 35, No.
3, 2007
Contact: ZHILAN FENG
Union College
Email:
fengz@union.edu
Auth-Page:
http://ssrn.com/author=354256
Co-Author: CHINMOY GHOSH
University of Connecticut -
School of Business
Email:
chinmoy.ghosh@business.uconn.edu
Auth-Page:
http://ssrn.com/author=403970
Co-Author: C.F. SIRMANS
University of Connecticut -
Center for Real Estate
and Urban Economic Studies
Email:
cf.sirmans@business.uconn.edu
Auth-Page:
http://ssrn.com/author=16466
Abstract:
http://ssrn.com/abstract=1009574
ABSTRACT: We analyze director compensation for Real Estate
Investment Trusts (REITs) and investigate the relations between
director compensation and other measures of the board
independence and board monitoring. Using 136 REITs in 2001, we
find that REITs that pay higher equity-based compensation to
their board members are associated with higher financial
performance. Our data indicate that board equity-based
compensation is positively related to the existence of an
independent nomination committee, however, it has no significant
relationship with board size, proportion of outside directors,
CEO duality and CEO tenure and ownership.