News and Insights

Delaware Court Denies Dismissal of Caremark Oversight Claims in Teligent Case, Highlighting Board and Officer Compliance Obligations

In Giuliano v. Grenfell-Gardner et al. (Del. Ch. Sept. 2, 2025), the Delaware Court of Chancery considered fiduciary oversight claims under the Caremark doctrine arising from alleged deficiencies in board- and officer-level oversight at pharmaceutical company Teligent, Inc. The court denied, in substantial part, a motion to dismiss claims alleging that former directors and officers failed to implement and maintain systems to oversee FDA compliance, a risk characterized as central to the company’...READ MORE

Delaware Court Refuses to Enforce or Modify Overbroad Noncompete in Cleveland Integrity Services v. Byers

In Cleveland Integrity Services, LLC v. Byers (Del. Ch. Feb. 28, 2025), the Delaware Court of Chancery declined to enforce a two-year non-compete agreement that it found to be geographically overbroad and refused to narrow or “blue-pencil” the provision. The decision reinforces Delaware’s increasingly cautious approach to post-employment restrictions, particularly in cases where employers seek to enforce broadly drafted covenants long after a business sale....READ MORE

Two Years After Abitron: Navigating the Limits of US Trademark Enforcement Abroad

Two years after the US Supreme Court’s decision in Abitron Austria GmbH v. Hetronic International, Inc., US trademark owners and global businesses continue to grapple with its implications for cross-border enforcement. The ruling marked a significant shift in how—and where—trademark rights can be asserted under the Lanham Act, prompting many companies to reassess their international intellectual property strategies....READ MORE