Pro-Active Imaging™
DFS provides Pro-Active Imaging™ and re-active services that go hand-in-hand with Litigation Support and potential litigation by offering Pro-Active Imaging™. Pro-Active Imaging™ is a service that gives corporations the ability to “freeze” time. This is particularly useful in cases where executives or other employees have or have had access to sensitive information and there may be a need to “show” what they have or have not done. An example of this would be the fallout after the discovery of the Enron® difficulties and Arthur Anderson’s accounting firm’s wrongful conduct in which, “Jurors said they based their decision [instead] on Andersen’s alteration of an internal memo that was critical of an Enron earnings release”*. These actions caused the jury to levy a substantial monetary penalty against the firm. This memo also caused a significant decision in this case, causing many to lose their careers and others to incur criminal penalties.
These are the types of incidents where Pro-Active Imaging™ may have helped prove the case where one or several individuals may have been responsible for an entire event, instead of causing an entire firm to be penalized.
On a smaller scale, this type of incident could simply be an executive ordering someone in the company to do something, later found to be unethical or contractually incorrect with the potential to cause monetary losses and/or reputation damages. Pro-Active Imaging™ may capture these events as that executive leaves the company, leaving their computer and potential “evidence” behind. The information contained on the Pro-Active Imaging™ may never need analysis but can be available if questions are ever asked, now or well into the future.
TIME, Online Edition, Posted Tuesday, Jun. 18, 2002