In this article, Kirby Behre, Timothy O'Toole, and Brittany Huamani discuss ways litigants in the U.K and around the world can utilize the broad civil discovery that is available in the U.S. By taking depositions in the U.S. and obtaining documents such as bank records, litigants outside the U.S. can and do gain a significant advantage in their cases.

"U.S. discovery can be a powerful tool, but is often underutilized in litigation outside the U.S., including in U.K. litigation. The scope of U.S. discovery is broader than what is available in most other jurisdictions, including depositions and records located in the U.S.," the authors wrote. "Based on the data we analyzed, discovery requests made in the U.S. are likely to be granted, with many applications even proceeding without contest. A successful U.S. discovery application can change the course of litigation in courts around the world."