In the midst of recent and widespread fear and panic surrounding the H5N1 swine flu virus, many employers are appropriately inquiring as to how they can protect their operations, employees, clients and customers from outbreaks and pandemics including the current swine flu and even the avian flu of years past.

Any actual or potential outbreak

The most recent case to highlight the importance of having properly drafted electronic personnel policies is Stengart v. Loving Care Agency. In Stengart, the New Jersey Superior Court held that an employee who used her web-based Yahoo email account on the Company’s computer waived her attorney-client privilege. In Stengart, the employee emailed her attorney