Toxic Tort Claims Over Fracking Create IP Discovery Risk

Law360, Philadelphia (April 24, 2015, 6:26 PM EDT) -- A recent Pennsylvania ruling finding that trade secrets, including the makeup of hydraulic fracturing fluids, should be handed over in discovery in a toxic tort case against Range Resources Corp. is likely just the beginning of attempts by plaintiffs to win access to proprietary information, experts say.

Burns White LLC attorney T.H. Lyda said that a Washington County judge's decision saddling Range Resources with responsibility for obtaining information from third-party suppliers about ingredients in fracking fluids used at its drilling site highlighted the risk the industry faces of having trade secrets aired in court.

"Your own secret recipe, like KFC or...

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