This article is the second in a series addressing the challenges of litigating in state courts and arbitration forums with no e-discovery rules or precedents. Click here to read part one.

This month, we consider the pitfalls that may await a party who incorrectly assumes that the absence of established rules or precedents means that e-discovery obligations can be safely ignored.

There are many good reasons to be concerned about the extent to which e-discovery practice in the federal courts has devolved into vituperative sanctions battles. However, the headline-grabbing sanctions awards that have inspired these increasingly toxic sanctions fights do have one dramatic benefit —inside and retained counsel are now well armed with numerous horror stories to demonstrate to the client why careful preservation and collection are essential.