Founder

While studying electrical engineering at Northwestern University in 1968, Craig Jensen took a night job as a computer operator to learn about computers. He went on to develop advanced operating systems for early technology pioneer Applied Data Research, and in 1974 moved to Data General Corporation. He founded Executive Software International in 1981, he says, "with an early personal computer and a box of file folders in his kitchen in Hollywood." Mr. Jensen stepped down as CEO in 2009. He is the author of The Craft of Computer Programming (New York: Warner Books, 1985) ISBN 978-0-446-38147-5.

Craig Jensen is a member of the Church of Scientology and a member of the World Institute of Scientology Enterprises (WISE), an international membership organization whose members use the management technology of L. Ron Hubbard, founder of the Church of Scientology. He has stated that his employees are schooled in Hubbard's management technology,^[7] with courses that include Effective Leadership, Executives and Ethics, Executive Basics and Management by Statistics.^[8]

Controversy

In 1991, the company (back then Executive Software) refused to renew technical support for Ciba-Geigy’s VAX version of Diskeeper after learning that Ciba-Geigy makes Ritalin, a drug that was linked with suicide in children. Jensen told Digital News that Executive Software would honor its contractual obligations with Ciba-Geigy, which had purchased a 12-month update service. However, it would not renew the service or the software once the agreement expired. ‘Ciba-Geigy slipped through,’ said Jensen. ‘But I think someone should take a stand on this, and I'm willing to do so.'^[9]

In 2000, the inclusion of the functionality of the Home version of Diskeeper in Microsoft Windows 2000's Disk Defragmenter was the subject of an investigation by the German Federal Office of Security in Information Technology (BSI), which looked into whether Diskeeper poses a security threat to users by spying on users.^[10] In Germany the law bars state and federal governments from doing business with a member of the Church of Scientology.^[7] A Microsoft spokesman stated that Microsoft had extensively tested Diskeeper for security breaches and found the tool had no ability to store and transmit data on users, and there was no data transfer involved in its processes,^[7] decided to give users the option to remove it.^[11]

Legal Issues

On November 5, 2008, Diskeeper's former CIO, Alexander Godelman, and Automation Planning Officer Marc Le Shay jointly filed suit in Los Angeles Superior Court for improper dismissal. In the complaint they allege that the company required training in Hubbard Management courses, which are based on the management technology of L. Ron Hubbard, founder of Scientology, as a condition of employment, and that failure to comply was cause for their dismissal. The plaintiffs cited this as a violation of the California Fair Employment and Housing Act and requested an injunction against the delivery of the courses at Diskeeper.^[12] On January 27, 2009, Diskeeper filed a motion to strike the proposed injunction, citing, without conceding that Hubbard Management Technology is religious in nature, legal precedence of religious based practices in business being protected by the First Amendment.^[13] On February 18, 2009, the motion to strike was granted and the proposed injunction removed from the case. On June 24, 2009, the case was dismissed in its entirety.^[13]

Diskeeper later won an arbitration award against the attorney of Godelman and LeShay, Barry B. Kaufman. Kaufman refused to return material back to Diskeeper and used it in another deposition, breaching the terms of the settlement agreement with Godelman and LeShay. The arbitrator further found that Kaufman breached his duty of confidentiality under paragraph 9(A) of the settlement agreement by using Diskeeper's training documents during the deposition and showing them to his co-counsel; in addition, the arbitrator determined that Kaufman made a negligent misrepresentation when he told Diskeeper that Godelman and LeShay had returned all the documents required under the settlement agreement. The arbitrator concluded that Diskeeper was entitled to an order directing the return of Diskeeper's documents, an award of $70,000 "in liquidated damages" from Kaufman, and an award of attorney fees.^[14]

On April 4, 2012, the arbitrator issued his final award, which incorporated the interim award and contained findings regarding Diskeeper's attorney fees and costs. The arbitrator determined that Diskeeper was entitled to $297,000 in attorney fees and $88,034.69 in costs and expenses. The arbitrator further stated: "Because Diskeeper prevailed against Godelman because of the acts, omissions and advice of his agent and attorney, Kaufman, it would be inequitable to award [the fees, costs, and expenses] against Godelman as well. Acccordingly, the award is assessed only against Kaufman."^[15]