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We also appreciate the comments of Alan Jagolinzer, Thomas Lys, and Hayagreeva Rao.

Regulators, industry groups, consultants, and individual companies have developed elaborate guidelines over the years for assessing and managing risks in a wide range of areas, from commodity prices to natural disasters.

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Law360, New York (June 15, 2006, AM EDT) -- It is virtually impossible to pick up a newspaper these days and not see an article about the ever-growing list of companies being caught up in investigations concerning allegations of backdated stock options.

Despite the attention paid to this issue, little has been written explaining why backdating options is problematic and potentially illegal.

The first and most important thing to note about the consequences of backdating a document is that it is potentially a criminal offence.

When we say “backdating” what we usually mean is executing a document and then dating it with an earlier date than the actual date of execution, with the intention that it should be treated as giving rise to legal rights before the actual date.