The Court of Chancery has determined a pharmaceutical company can recoup money it spent litigating criminal charges against its former CEO, despite Donald Trump pardoning the executive for his wire fraud conviction in 2021.

The decision found InterMune Inc. and Roche Holdings Inc., represented by Keker, Van Nest & Peters and Morris, Nichols, Arsht & Tunnell, had met the burden of proving W. Scott Harkonen was not indemnified in an advancement clawback action and must repay the companies over $5.9 million, plus interest, for legal expenses.