Modification of Protective Orders to Permit Use of Discovery Material in Foreign Litigation Must Consider 28 U.S.C. A 1782 Factors - In re POSCO The U.S. Court of Appeals for the Federal Circuit vacated an order modifying a protective order to allow the use of confidential discovery material in foreign litigation, explaining that courts facing such questions must consider the law applicable to standalone requests under 28 U.S.C. 1782 for discovery to be used in foreign cases. In re POSCO , Case No.