Let’s Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits

The modern employee is surrounded by information. In a given day, an employee might read or write a report, receive dozens of e-mails, review business plans or records, or look over sales invoices. When the employee is done reviewing these documents, he likely saves them on a company server where they can be accessed anytime. On this server, the employee can access thousands of other documents that have been prepared, submitted, and saved by fellow employees. For the most part, these documents reveal nothing more than the day-to-day operations of the company. But what if somewhere in this vast trove of information lurks evidence that the company is steadily defrauding the US government? And what if the employee could receive a substantial sum of money for bringing those documents to light? Should the law allow the employee to take the documents without permission? This Comment addresses the legal problems that arise when employees choose to take confidential corporate documents that might reveal fraud against the government and then use those documents to file suit under the False Claims Act (FCA).