Stay Denied In DGCL 220 Case Pending Appeal
In Wynnefield Partners Cap Value L.P. v. Niagara Corporation, read opinion here, the Chancery Court decided a motion for a stay pending an appeal of a prior decision summarized here, which granted a demand for documents under Section 220 of the DGCL. The movant argued that the appeal would be moot unless a stay was granted pending the appeal. The Motion for Stay was denied with the only exception that the court required a Confidentiality Agreement “for attorneys’ eyes only” be put in place pending the appeal.
