Under 28 U.S.C. Section 1782, a party to a foreign proceeding is entitled to petition a U.S. district court to seek the production of documents or testimony from a U.S. person for use in the foreign proceeding. The statute specifically provides, however, that "[a] person may not be compelled to give his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege."

Over the last decade, there has been a substantial increase in the use of Section 1782. Pursuant to Section 1782, once a U.S. court authorizes a foreign litigant to obtain discovery from a U.S. person, the foreign litigant serves a subpoena on the U.S. person. At that point, U.S. civil discovery rules govern, and litigation often ensues regarding the discovery sought.