Secret Recipes: Fracking Fluid Fracas

Orrick Trade Secrets Watch - Several of our previous posts have covered the trade secrets implications of laws that require disclosure of hydraulic fracturing fluid ingredients. As today’s method of hydraulic fracturing combined with horizontal drilling in shale formations rose to prominence in recent years, so too did the public’s concern over chemicals contained within fracturing fluid.

Brie Sherwin, an assistant professor at Texas Tech University School of Law, has a forthcoming article in the Ohio State Law Journal, arguing that the trade secret protection sought for the composition of hydraulic fracturing fluid is quite similar to the protection sought by Coca-Cola or, formerly, the tobacco industry.

Read the story here.