Conflicts of Interest

Conflicts of Interest

Conflicts of Interest Jonathan Poland

A conflict of interest exists when an individual or organization has incentives that contradict their responsibilities. This can occur when a professional may be rewarded for subpar performance, although the existence of a conflict of interest does not necessarily mean that wrongdoing or poor performance has occurred. However, conflicts of interest can create potential problems and are generally avoided by businesses and often prohibited by laws and regulations. The following are a few examples of potential conflicts of interest.

Agents
In some cases, the agents for a buyer and seller in a transaction both work for the same firm. This can lead to the temptation to share confidential information to ensure that a deal is closed and commissions are realized. If this happens, it is typically considered a breach of fiduciary duty.

Bailouts
Government bailouts of industry represent a moral hazard and may be carefully examined for conflict of interest such as campaign contributions or public speaking fees.

Banks
Investment banks put up an information barrier known as a Chinese wall between teams that advise corporate clients on things such as mergers & acquisitions and teams that manage money or advise brokerage clients. If buy-side teams obtained confidential information about such a client, this would be a clear conflict of interest.

Compensation
Hiring salary and salary adjustments may be impacted by cronyism such as an executive who hires friends at unreasonably high salaries with inflated job titles relative to their experience and responsibilities.

Content & Sponsorship
Media organizations may erect a Chinese wall between journalists and advertising departments to prevent advertisers from influencing the news or other content. It is an widely accepted practice to clearly label any content that has been influenced by advertisers.

Discipline
Cronyism may impact employee discipline. For example, serious complaints about executives and their inside circle at a firm may be casually dismissed, potentially in violation of employment law.

Fee Splitting
The practice of referring clients from one professional to another for a fee. Considered unethical in the medical profession.

Governance vs Management
In many cases, governance is set up to direct and monitor management. As such, when governance bodies are controlled by management this can be a conflict of interest. For example, if the board of directors of a firm is controlled in some way by the firm’s management.

Grassroots vs Astroturfing
Grassroots is a term for an organization set up by people who are not the member of an elite in pursuit of a common goal. Astroturfing is when an industry, firm or elite political group set up a fake grassroots organization to pretend that there is public support for their goals.

Insider Trading
An employee of a firm who uses confidential material information for material gain.

Judiciary & Commercial Interests
A judiciary that is influenced by commercial interests such as a privatized prison that influences a judge to give tougher sentences.

Judiciary & Personal Experience
A judge that knows a defendant and similar conflicts of interest based on the personal experiences of judge and jury.

Media & Politics
A high level politician has dinner with a media executive and asks that a journalist be fired for a critical article.

Medical Marketing
When a doctor is given material incentives to recommend a treatment by the firm selling the treatment.

Procurement
Procurement of goods and services is often governed by regulations and expected due diligence to prevent bribery, small gifts, relationships or any other conflict of interest from influencing the process. In some countries, procurement fraud is a major issue that impacts economic efficiency.

Nepotism
Granting favors to family in a commercial or political setting.

Outside Employment
Holding two jobs can theoretically result in conflicts of interest. For example, you may be tempted to use the secret propriety knowledge of one firm to complete work at the other.

Performance Management
Cronyism in performance management such as promoting friends despite low performance.

Perverse Incentives
A negative unintended consequence of a performance goal, incentive or system. For example, an executive who contractually gets a large bonus if they are fired has an incentive to fail in some circumstances.

Profit Motive & Public Services
Allowing the profit motive to corrupt institutions designed for the public good.

Regulatory Capture
A failure of government whereby commercial interests have undue influence on the agencies designed to provide oversight of an industry. In some cases, this extends to capture of the legislative process itself.

Research & Sponsorship
Research designed to satisfy a sponsor as opposed to being scientifically accurate.

Revolving Door
A system of influencing government whereby a firm’s employees are sent to work for government or government employees are offered lucrative future employment in exchange for influence.

Self Audits
An organization or department that audits its own controls may be likely to miss things.

Self Dealing
A general term for a violation of fiduciary duty in pursuit of self-interest.

Self Regulation
Industry self-regulation may risk conflict of interest as the profit motive may supplant the public interest.

Learn More
What is a thought experiment? Jonathan Poland

What is a thought experiment?

A thought experiment is a mental exercise that involves exploring the implications or consequences of a hypothetical idea, story, or…

Risk Management Jonathan Poland

Risk Management

Risk management is the process of identifying, assessing, and prioritizing risks in order to minimize their potential impact on an…

Due Diligence Jonathan Poland

Due Diligence

Due diligence refers to the level of investigation, care, and judgement that is appropriate and expected in a given situation.…

Soft Sales vs Hard Sale Jonathan Poland

Soft Sales vs Hard Sale

A soft sell is an approach to sales and promotion that emphasizes building a relationship and reputation with customers, rather…

Daily Goals Jonathan Poland

Daily Goals

Daily goals are targets that you set for yourself to achieve on a particular day. These can include habits that…

Commodity Risk Jonathan Poland

Commodity Risk

Commodity risk is the risk that changes in commodity prices may result in losses for a business. Commodity prices can…

What is a Turnaround Strategy? Jonathan Poland

What is a Turnaround Strategy?

A turnaround strategy is a business plan that is implemented when a company is facing financial difficulties or declining performance.…

Corporate Governance Jonathan Poland

Corporate Governance

Corporate governance refers to the system of rules, practices, and processes by which a company is directed and controlled. It…

Customer Preferences Jonathan Poland

Customer Preferences

Customer preferences are the specific desires, likes, dislikes, and motivations that influence a customer’s purchasing decisions. These preferences complement customer…

Content Database

Search over 1,000 posts on topics across
business, finance, and capital markets.

Market Risk Jonathan Poland

Market Risk

Market risk is the possibility that the value of an investment will decline due to changes in market conditions. This…

Rule of Three Jonathan Poland

Rule of Three

The rule of three is an economic theory that posits that large, mature markets tend to be dominated by three…

Business Risk Jonathan Poland

Business Risk

A business risk is a potential event or situation that could negatively impact an organization’s ability to achieve its objectives.…

One Stop Shop Jonathan Poland

One Stop Shop

A one stop shop model is a business model in which a single company or organization offers a wide range…

Subscription Model Jonathan Poland

Subscription Model

A subscription model is a pricing and revenue strategy in which customers pay a recurring fee for access to a…

Strategic Planning Jonathan Poland

Strategic Planning

The strategic planning process is a systematic way for an organization to set its goals and develop the actions and…

Service Quality Jonathan Poland

Service Quality

Service Quality is determined by the value it holds for customers. This value can vary from person to person and…

Lobbying vs Government Contracts 150 150 Jonathan Poland

Lobbying vs Government Contracts

A government contract and lobbying the government are two distinct activities within the realm of government and private sector interactions.…

Strategic Advantage Jonathan Poland

Strategic Advantage

A strategic advantage refers to a position that gives a company an edge over its competitors and makes it likely…