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Yes, for me this is flopping in soccer and basketball. There's a pro for the athlete (chance of foul called) while the con is little to none. Hence both sports have floppers. The regulatory system must adapt to those who take advantage of the spirit of the policy but adhere to the letter of it. Obviously this is a constant issue, but what won't work is trying to "shame" the bad actors through hearings, media, etc. Policy must constantly evolve, esp. in areas like taxation.

Also for those who are better versed with law, is it possible that companies can legally defend actions like this by arguing they are maximizing shareholder legally and thus, they are obligated to do so?