ProfessionalStandards(英文版)

1、 bcProfessional StandardsMarch 1998Author: Peter AmanContributors: Barbara Bjornson Laird ReedCopyright 1998 Bain & Company, Inc. bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 2professionalstandardsAgenda Compliance and IntroductionPoliciesCasesSources of additional informa

2、tionbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 3professionalstandardsAgenda Compliance and IntroductionPoliciesCasesSources of additional informationbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 4professionalstandardsProfessional Standards Compliance Fa

3、ilure to follow described policies will result in significant penalties, up to and including immediate involuntary termination.bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 5professionalstandardsPolicy AreasProtecting / sharing client informationCompetitor data gatheringExclusi

4、vity and client conflictHarassment and discriminationInsider tradingGeneral and Expense PoliciesPolicy AreasbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 6professionalstandardsWhata set of worldwide professional standards (captured in client service policy statements) which rei

5、nforce our commitment to acting with integrity and honestyspecific guidelines (captured in client service policy statements) for tricky situations where there is tension between doing the best for the client and doing the “right” thing, or between needs of multiple clientsa group of people in the ce

6、nter and in local offices dedicated to interpreting and applying the policiesProgram Description (1 of 4)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 7professionalstandardsWhyBains reputation and success ultimately depends on it to ensure that the instinctive reaction to a tri

7、cky situation is generally the right one8reinforce a firm wide commitment to “doing the right thing”8reinforce a culture which embodies integrity and honesty that we can all be proud of8provide a business environment consistent with firm management and employees valuesProtection from lawsuitsProgram

8、 Description (2 of 4)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 8professionalstandardsWhoevery individual employee - embodies our professional standards, thoroughly understands them and applies them consistently and comprehensivelylocal office Professional Standards Program

9、Manager - interprets, counsels, provides feedback to other offices and the CenterProfessional Standards Program Director (Peter Aman) - central resource to manage implementation of program and assist driving of continued program development and improvementProfessional Standards Program Officer and C

10、oordinator (Colin Anderson, Barb Bjornson) - central resource to further develop, refine, and interpret; mechanism for mediationManagement - reinforce (actively), interpret, apply, provide incentives/disincentivesProgram Description (3 of 4)bcCopyright 1998 Bain & Company, Inc. Professional Stan

11、dardsBOS 9professionalstandardsHowthrough local resources (Professional Standards Managers coordinated with the Center)worldwide training for all levelsrole modeling at the team levellocal communications and marketing coordinated by the center (e.g., intranet)internal/external marketingincentives an

12、d disincentivesBVUProgram Description (4 of 4)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 10professionalstandards AgendaCompliance and IntroductionPoliciesCasesSources of additional informationbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 11professionals

13、tandardsProfessional Standards Policies Protecting and sharing client informationCompetitor data gatheringExclusivity and client conflictHarassment and discriminationInsider tradingGeneral and Expense PoliciesbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 12professionalstandards

14、client identityclient internal dataproprietary insightspurchased studies (permission may be overarching at case start)presentationsproposalsback-up informationsuccess storiesgeneral insights general developed informationpublicly available informationInformationWhich can and should be sharedWhich sho

15、uld be shared once sanitizedCannot be shared without explicit permission from the clientNo confidential or proprietary information (including the clients identity and characteristics of the relationship), provided by or obtained for, a client may be given to anyone outside the case team. Information

16、 which is neither proprietary nor confidential may be shared only with the express approval of a Bain partner on the originating case, and in many cases, the client.Protecting & Sharing Client Information - GuidelinesbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 13professio

17、nalstandardsWhen client information is provided to a competing case team or within a Practice Area, the material must be sanitized by or at the direction of the Operating VP who is then also responsible for approving the final productWhen client information is provided to a non-competing case team,

18、the process of sanitizing the information may be done by or at the direction of the VP asking for the information but the Operating VP is responsible for approving the final product Sanitizing (or disguising) client information and approving/disapproving communication of the information is the respo

19、nsibility of the Operating VP who did the work according to the following guidelines:Protecting & Sharing Client Information - Disguising InformationbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 14professionalstandardsIs the information confidential (or does it unambiguousl

20、y belong to the client)?YesNoDoes the developed info create a competitive advantage for the client (i.e., would the value received by the clients be reduced by sharing the info?)NoDoes the developed information depend heavily on client proprietary data/input/informationSource data highly proprietary

21、 (not public)Source data reliant on client input and or involvement (e.g., client interviews)NoDid client pay a significant portion (e.g., x% or $x) of the cost of Bains value-added in developing the information (i.e., insight paid for by one client, not many)?NoYesYesYesWould sharing the info pass

22、the “Sunshine Test”?Would sharing the info pass the “Sunshine Test”?YesNoNoYesSanitize Information and Share itInformation May Not be Shared Without Client PermissionInformation Should be SharedProtecting & Sharing Client Information-Decision Rules for Developed Info.bcCopyright 1998 Bain &

23、Company, Inc. Professional StandardsBOS 15professionalstandards *Copyright permittingProtecting and Sharing Client Information - Policy SummaryExternal ReportsArticle or report name, date, author, etc.News or magazine articleLiterature searchReport purchased by Bain (not client)Bain PresentationsMet

24、hodology SlidesWorkplansIndustry overview dataStrategic insights (if the insights were developed over many clients and not just one (e.g., lessons learned from a retail customer segmentation case)Strategic insights (if the insights were developed for just one client (e.g., a sequencing algorithm for

25、 two auto manufacturers)Internal client dataClient research/dataReport purchased by clientA study conducted by the clientA data spreadsheet from the clientXXX*X*XXXXXXX*XXInformation that can and should be sharedClient approval before sharing informationInformation must be disguised before sharingSu

26、bject to Operating VP approvalbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 16professionalstandardsThe greatest amount of the highest quality informationAt the lowest possible cost for our clientWith the highest standards of professional conduct (and tradeoffs will always be re

27、solved in favor of business ethics over data collection convenience)Competitor Data Gathering - ObjectivesbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 17professionalstandardsClient confidentiality must be protected. never reveal client name without VP and client approvalAll st

28、atements, written or verbal, must be true. Lying is never acceptable under any circumstancesRefusing to answer questions is preferable to lyingBain Employees can not mis-represent themselves, the firm (name or type of enterprise), or the type of research they are performingCompetitor Data Gathering

29、- Policies (1 of 4)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 18professionalstandardsInterview respondents can be promised non-sensitive results of research only if such results are furnished as described and promisedNo company may be contacted by a case team for a competito

30、r interview without express approval from a VP on the case (to prevent inadvertently calling another offices/teams client by mistake)Competitor Data Gathering - Policies (2 of 4)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 19professionalstandardsOnly VPs may approve/sign writt

31、en statements which describe for competitor interview targets the purpose of the questions or the destination/limitations on the use of the resulting dataNon-management employees may be contacted only with express approval (from a VP on the case)When interviewing someone currently associated with ou

32、r client who previously worked for a competitor of our client, Bain staff should clearly communicate thatwe expect them to honor their confidentiality commitments to their current (or previous) employerwe are specifically asking them to avoid divulging any information which is proprietary or should

33、be considered confidentialwe are only asking for information that they are comfortable divulgingCompetitor Data Gathering - Policies (3 of 4)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 20professionalstandardsIn no circumstances may a Bain employee offer any kind of monetary o

34、r non-monetary incentive for the purpose of gathering informationBain employees are responsible for the actions of those they directly or indirectly superviseOverarching test of any decision is always the “Sunshine Test” - whether the action stands up under scrutiny by an objective 3rd party (or on

35、the front page of the Wall Street Journal)Competitor Data Gathering - Policies (4 of 4)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 21professionalstandardsHow do we represent ourselves?I am (your name) of Bain & Company - a management consulting firmI am (your name) of Bai

36、n & Company - I am doing market researchI am (your name) a potential investorI am (your name) a potential customerI am (your name); would you give me some informationI am (your name) a business school studentBain & Company - a market research firma market research firmAlways AcceptableAccept

37、able Only with VP and often client ApprovalAbsolutely ProhibitedXXXXXXXXCompetitor Data Gathering - Guidelines (1 of 3)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 22professionalstandardsHow do you represent the client?no mentionindustry of clientarea of interest to clientclie

38、nt nameanything elseWhat organizations do we contact?customersindustry associationssupplierscompetitorssecurity analystsAlways AcceptableAcceptable Only with VP and often client ApprovalAbsolutely ProhibitedXXXXXXXXXXCompetitor Data Gathering - Guidelines (2 of 3)bcCopyright 1998 Bain & Company,

39、 Inc. Professional StandardsBOS 23professionalstandardsWho in the organization do we contact?senior managementmiddle and junior managementnon-management (labor and clerical)Are incentives appropriate for gathering informationmoneyother non-monetary rewardsAlways AcceptableAcceptable Only with VP and

40、 often client ApprovalAbsolutely ProhibitedXXXXXCompetitor Data Gathering - Guidelines (3 of 3)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 24professionalstandardsBain & Company is dedicated to helping our clients achieve outstanding results. As such, we pride ourselves on

41、 having the most rigorous standards in the consulting industry with respect to confidentially and conflict of interest.Confidentiality of data:Our goal is absolute protection of proprietary client dataRigorous internal policies and procedures“Assignment exclusivity:Bain & Company will not accept

42、 a client assignment worldwide where in our judgment success would cause an existing client assignment to fail. Under many circumstances, this permits Bain to serve two competitors in an industry. However, this will often restrict staffing and the office involved. To our knowledge, no other leading

43、consulting firm operates a standard this rigorous.Exclusivity and Client Conflict - Policy Summary (1 of 2)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 25professionalstandards Formal “performance partnership”:Where appropriate, we aspire to agree to formal “performance partner

44、ships” with our clients, aimed at creating sustained exceptional client results. Such arrangements are entirely at the behest of our clients. A “performance partnership” relationship is in no way a requirement by Bain & Company.“Internal Bain gatekeeper”:A member of the Bain & Company worldw

45、ide Policy Committee is designated “internal gatekeeper”, to ensure any issues relating to possible conflict of interest are resolved in a manner fully consistent with Bain policies and client interests.“People exclusivity:Individuals who are involved in strategy work for a client are restricted fro

46、m dong strategy work for a direct competitor for a minimum period following the end of an assignment - typically one to two years for senior individuals.Exclusivity and Client Conflict - Policy Summary (2 of 2)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 26professionalstandard

47、s Harassment and Discrimination - Policy SummaryNo employee shall threaten or insinuate any adverse effects whatsoever on another employee who is refusing to submit to sexual advances.No employee shall engage in sexually harassing behavior, including propositions, sexual comments, sexually degrading

48、 terms, or the display of workplace decorations, which could possibly offend another employee.No employees shall create an offensive or intimidating work environment or experience by words, acts, jokes, threats, or printed materials which demean or show hostility to an individual race, color, religi

49、on, gender, nationality, age, sexual orientation, or disability.bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 27professionalstandards Our policy on insider trading provides the greatest protection to both individual employees as well as to the firm (designed to prevent any viol

50、ations of securities laws, inadvertent or otherwise, as well as to avoid the appearance of improper conduct on the part of anyone employed at our firm).You are prohibited from trading, and from tipping others to trade, in a companys stock when: you know material, non-public information about a compa

51、ny; or the company is a Bain client (and appears on Bains Restricted List); or the company is otherwise associated with Bain or a Bain client (and appears on Bains Restricted List)If trading outside the U.S., you are expected to adhere to local laws; however, even if there is no local prohibition on

52、 “insider trading”, trading in the stock of a Bain client is not permitted.Insider Trading - Policy Summary (1 of 2)bcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 28professionalstandards The “Restricted List” of companies in which employees may not trade is maintained by Local C

53、ontrollers, Corporate Treasury and possibly the senior Librarian in each local office.If you own a security, you maysell the shares immediately (assuming no issue of insider information) orhold the shares (either in a “blind” trust or until 3 months after you leave Bain)in rare circumstances and onl

54、y with the approval of the Center, you may be able to sell a security on the Restricted List within a prescribed windowThe consequences of insider trading violations can be staggering:civil fines up to 3 times the profit gained or loss avoided by the tradingcriminal fines (no matter how small the pr

55、ofit), of up to $1millionliability to those damaged by the tradingthe appearance of improper conduct can have a very serious impact on Bains business and financial resultssanctions up to and including termination of employment for causeInsider Trading - Policy Summary (2 of 2)bcCopyright 1998 Bain &

56、amp; Company, Inc. Professional StandardsBOS 29professionalstandards General and Expense PoliciesEmployees may not violate any criminal or civil laws or regulations (federal, state, or local) as part of any work for Bain & Company or its clients nor may they recommend (either seriously or in jes

57、t) that the client violate any criminal or civil laws or regulations.Bain & Company letterhead may only be used for Bain & Company business.Employees can not accept gifts or payments from 3rd party vendors except those generally accepted in the business community) (e.g., frequent flier award

58、s).Employees cannot use Bain or Bain generated contacts to promote or sell products of companies in which they have a material interest.General Policies:Employees must follow Expense Standards to determine reimbursable expenses.Expense Policies:bcCopyright 1998 Bain & Company, Inc. Professional

59、StandardsBOS 30professionalstandardsAgenda Compliance and IntroductionPoliciesCasesSources of Additional InformationbcCopyright 1998 Bain & Company, Inc. Professional StandardsBOS 31professionalstandards While talking socially with a friend who is working for a different client in the same indus

60、try as your client (telecommunications), your friend mentions that her manager has just approved the purchase of a $4,000 industry report. This 200 page comprehensive document is from a research firm and has much of the data that she needs to complete her analysis. She thinks it might be helpful to your case team.You believe this report contains much of the data and analysis that you would need for your own analysis. Your friend has a copy of the report, and, as it