{"success":true,"data":{"pressRelease":{"id":"164909","rtpr_id":"nGNX9xTRsP-20261008","ticker":"EMPD","exchange":"NASDAQ","all_tickers":["EMPD"],"title":"ATG Capital Announces that the Delaware Supreme Court has Affirmed the Chancery Court’s Ruling in Empery Digital Appeal – Upholding Stockholder Franchise","author":"Globe Newswire","published_at":"2026-10-08T20:39:09.097Z","article_body":"Delaware Supreme Court Affirms the Delaware Chancery Court’s Ruling that ATG\nCapital’s Nomination is Valid and Orders that the Judgment for ATG Capital\nStands\n\nRuling Permits ATG Capital’s Nominees to Stand for Election at the Upcoming\nAnnual Meeting\n\nUrges Stockholders to Make their Voices Heard and Vote “FOR” All Four ATG\nCapital Nominees on the Gold Proxy Card\n\nMIAMI, Oct. 08, 2026 (GLOBE NEWSWIRE) -- ATG Capital Management LP (“ATG\nCapital”), together with certain of its affiliates, is the beneficial owner\nof 4,500,000 shares, or approximately 16%, of Empery Digital Inc. (Nasdaq:\nEMPD) (“Empery Digital” or the “Company”) and its largest\nnon-affiliated stockholder, today announced that the Delaware Supreme Court\n(the “DE Supreme Court”) has affirmed the Delaware Chancery Court’s\nAugust 28, 2026 ruling over the Company’s appeal.\n\nThe DE Supreme Court’s ruling will permit ATG Capital’s nominees to stand\nfor election at the Company’s Annual Meeting of Stockholders on October 14,\n2026 (the “Annual Meeting”). The ruling was issued one day after the\nparties gave oral argument before the DE Supreme Court and less than a week\nbefore the Annual Meeting.\n\nGabi Gliksberg, Founder and Managing Member of ATG Capital, issued the\nfollowing statement:\n\n“The Delaware Supreme Court’s ruling is a vindication for stockholder\nrights. We are thrilled that the Delaware Supreme Court has affirmed the\nDelaware Chancery Court’s decision. Today’s ruling protects stockholder\nfranchise and allows Empery Digital stockholders to have a choice in who\nrepresents them at next week’s Annual Meeting. Stockholders would have been\ndenied this choice by the incumbent board – which the Delaware Chancery\nCourt found to have breached its fiduciary duties in rejecting our nomination\nnotice – had ATG Capital not initiated litigation to protect all\nstockholders’ rights in the face of rampant board entrenchment.\n\nWe believe the board’s track record, entrenchment actions and excessive\nspending to defend these actions, as well as the Delaware Chancery Court’s\nand Delaware Supreme Court’s decisions speak for themselves. Now ATG Capital\nhas ensured that stockholders will have a choice and can make their voices\nheard at the Annual Meeting.” \n\nThe Delaware Chancery Court's Memorandum Opinion is available at link\n(https://www.globenewswire.com/Tracker?data=jrlWBWNCPx8cPqbBVDZWX758N7DQb30VIWs-bXPzDGJ628694S69DJSC5RyVrehx29ul4HgJHS_tuQn-8rAW8n2OjBnv50Vje9_uuMRqAoMDpJwecW0u5c7ZkgAsvldL).\n\nThe Delaware Supreme Court’s Order affirming the Delaware Chancery Court’s\njudgment is available at link\n(https://www.globenewswire.com/Tracker?data=jrlWBWNCPx8cPqbBVDZWXyEAAqDH2oQY6nGAglWLM8r8ng6hpyin1H8uWKgtuP23Fr77wGJfp-Sw9qTKWjg4IT0JAGekiKHz8HVg1GuUf43Byg7lPtC4X9jtteDhwSqi).\n\nVote FOR ATG Capital’s Four Nominees\n\nVote FOR James C. Elbaor, Gabriel D. Gliksberg, Meredith S. Kirshenbaum and\nAaron T. Morris to support a refreshed Board focused on maximizing value for\nALL Empery stockholders.\n\nDo NOT vote for Rohan Chauhan, Ryan Lane, Orn Olason or Ian Read.\n\nAll three leading independent proxy advisory firms – ISS, Glass Lewis and\nEgan-Jones – recommend that stockholders vote on ATG Capital’s GOLD\nuniversal proxy card. Because the GOLD card includes all ATG Capital nominees\nand all of the Company’s nominees, there is no need to use any other proxy\ncard, regardless of how you intend to vote. Please vote the GOLD proxy card or\nGOLD voting instruction form today by internet, telephone or mail, following\nthe instructions provided.\n\nIf you have already voted on the Company’s white proxy card or voting\ninstruction form, you can still support change. Under the universal proxy\nrules, ATG Capital’s nominees also appear on the Company’s white card, and\nvotes FOR them count on either card.\n\nBut the best way to support all four ATG Capital nominees is to vote a\nlater-dated GOLD proxy card, which will automatically revoke your earlier\nvote. If you vote on the white card instead, vote FOR James C. Elbaor, Gabriel\nD. Gliksberg, Meredith S. Kirshenbaum and Aaron T. Morris and WITHHOLD on\nRohan Chauhan, Ryan Lane, Orn Olason and Ian Read. On either card, do not vote\nFOR more than nine nominees, or your votes on the election of directors will\nnot be counted.\n\nIf you have already voted the GOLD card, please do NOT return a white card.\nOnly your latest-dated proxy counts, so returning the Company’s white card\n– even one marked “withhold” as a protest – will revoke the proxy you\npreviously submitted to us.\n\nQuestions about how to vote? Contact Saratoga Proxy Consulting LLC at (212)\n257-1311, (888) 368-0379 or info@saratogaproxy.com\n\nAbout ATG Capital Management LP\n\nATG Capital Management LP is a privately held investment firm that manages\ninvestment vehicles for select accredited investors. ATG Capital invests\nprimarily in public equity markets, utilizing alternative strategies including\ndirect and constructive engagement, in pursuit of providing superior\ninvestment returns.\n\nMedia & Investor Contact\n\nSaratoga Proxy Consulting LLC\n\nJohn Ferguson, (212) 257-1311\n\njferguson@saratogaproxy.com\n\n\n\nGlobeNewswire, Inc. 2026","article_body_html":"","raw_payload":{"data":{"id":"nGNX9xTRsP-20261008","title":"ATG Capital Announces that the Delaware Supreme Court has Affirmed the Chancery Court’s Ruling in Empery Digital Appeal – Upholding Stockholder Franchise","author":"Globe Newswire","ticker":"EMPD","created":"2026-10-08T20:39:09.097Z","tickers":["EMPD"],"exchange":"NASDAQ","article_body":"Delaware Supreme Court Affirms the Delaware Chancery Court’s Ruling that ATG\nCapital’s Nomination is Valid and Orders that the Judgment for ATG Capital\nStands\n\nRuling Permits ATG Capital’s Nominees to Stand for Election at the Upcoming\nAnnual Meeting\n\nUrges Stockholders to Make their Voices Heard and Vote “FOR” All Four ATG\nCapital Nominees on the Gold Proxy Card\n\nMIAMI, Oct. 08, 2026 (GLOBE NEWSWIRE) -- ATG Capital Management LP (“ATG\nCapital”), together with certain of its affiliates, is the beneficial owner\nof 4,500,000 shares, or approximately 16%, of Empery Digital Inc. (Nasdaq:\nEMPD) (“Empery Digital” or the “Company”) and its largest\nnon-affiliated stockholder, today announced that the Delaware Supreme Court\n(the “DE Supreme Court”) has affirmed the Delaware Chancery Court’s\nAugust 28, 2026 ruling over the Company’s appeal.\n\nThe DE Supreme Court’s ruling will permit ATG Capital’s nominees to stand\nfor election at the Company’s Annual Meeting of Stockholders on October 14,\n2026 (the “Annual Meeting”). The ruling was issued one day after the\nparties gave oral argument before the DE Supreme Court and less than a week\nbefore the Annual Meeting.\n\nGabi Gliksberg, Founder and Managing Member of ATG Capital, issued the\nfollowing statement:\n\n“The Delaware Supreme Court’s ruling is a vindication for stockholder\nrights. We are thrilled that the Delaware Supreme Court has affirmed the\nDelaware Chancery Court’s decision. Today’s ruling protects stockholder\nfranchise and allows Empery Digital stockholders to have a choice in who\nrepresents them at next week’s Annual Meeting. Stockholders would have been\ndenied this choice by the incumbent board – which the Delaware Chancery\nCourt found to have breached its fiduciary duties in rejecting our nomination\nnotice – had ATG Capital not initiated litigation to protect all\nstockholders’ rights in the face of rampant board entrenchment.\n\nWe believe the board’s track record, entrenchment actions and excessive\nspending to defend these actions, as well as the Delaware Chancery Court’s\nand Delaware Supreme Court’s decisions speak for themselves. Now ATG Capital\nhas ensured that stockholders will have a choice and can make their voices\nheard at the Annual Meeting.” \n\nThe Delaware Chancery Court's Memorandum Opinion is available at link\n(https://www.globenewswire.com/Tracker?data=jrlWBWNCPx8cPqbBVDZWX758N7DQb30VIWs-bXPzDGJ628694S69DJSC5RyVrehx29ul4HgJHS_tuQn-8rAW8n2OjBnv50Vje9_uuMRqAoMDpJwecW0u5c7ZkgAsvldL).\n\nThe Delaware Supreme Court’s Order affirming the Delaware Chancery Court’s\njudgment is available at link\n(https://www.globenewswire.com/Tracker?data=jrlWBWNCPx8cPqbBVDZWXyEAAqDH2oQY6nGAglWLM8r8ng6hpyin1H8uWKgtuP23Fr77wGJfp-Sw9qTKWjg4IT0JAGekiKHz8HVg1GuUf43Byg7lPtC4X9jtteDhwSqi).\n\nVote FOR ATG Capital’s Four Nominees\n\nVote FOR James C. Elbaor, Gabriel D. Gliksberg, Meredith S. Kirshenbaum and\nAaron T. Morris to support a refreshed Board focused on maximizing value for\nALL Empery stockholders.\n\nDo NOT vote for Rohan Chauhan, Ryan Lane, Orn Olason or Ian Read.\n\nAll three leading independent proxy advisory firms – ISS, Glass Lewis and\nEgan-Jones – recommend that stockholders vote on ATG Capital’s GOLD\nuniversal proxy card. Because the GOLD card includes all ATG Capital nominees\nand all of the Company’s nominees, there is no need to use any other proxy\ncard, regardless of how you intend to vote. Please vote the GOLD proxy card or\nGOLD voting instruction form today by internet, telephone or mail, following\nthe instructions provided.\n\nIf you have already voted on the Company’s white proxy card or voting\ninstruction form, you can still support change. Under the universal proxy\nrules, ATG Capital’s nominees also appear on the Company’s white card, and\nvotes FOR them count on either card.\n\nBut the best way to support all four ATG Capital nominees is to vote a\nlater-dated GOLD proxy card, which will automatically revoke your earlier\nvote. If you vote on the white card instead, vote FOR James C. Elbaor, Gabriel\nD. Gliksberg, Meredith S. Kirshenbaum and Aaron T. Morris and WITHHOLD on\nRohan Chauhan, Ryan Lane, Orn Olason and Ian Read. On either card, do not vote\nFOR more than nine nominees, or your votes on the election of directors will\nnot be counted.\n\nIf you have already voted the GOLD card, please do NOT return a white card.\nOnly your latest-dated proxy counts, so returning the Company’s white card\n– even one marked “withhold” as a protest – will revoke the proxy you\npreviously submitted to us.\n\nQuestions about how to vote? Contact Saratoga Proxy Consulting LLC at (212)\n257-1311, (888) 368-0379 or info@saratogaproxy.com\n\nAbout ATG Capital Management LP\n\nATG Capital Management LP is a privately held investment firm that manages\ninvestment vehicles for select accredited investors. ATG Capital invests\nprimarily in public equity markets, utilizing alternative strategies including\ndirect and constructive engagement, in pursuit of providing superior\ninvestment returns.\n\nMedia & Investor Contact\n\nSaratoga Proxy Consulting LLC\n\nJohn Ferguson, (212) 257-1311\n\njferguson@saratogaproxy.com\n\n\n\nGlobeNewswire, Inc. 2026"},"type":"article","timestamp":"2026-10-08T20:39:09.147226205Z","server_sent_at_ms":1791491949147},"received_at":"2026-10-08T20:39:09.199Z","source_url":null},"analysis":{"id":"153313","press_release_id":"164909","analysis_json":{"industry":{"label":"Capital Markets","sector":"Financials"},"redFlags":["Chancery Court found incumbent board breached fiduciary duties","imminent proxy contest at October 14 annual meeting creates governance uncertainty","release criticizes incumbent board's 'excessive spending to defend these actions'"],"eventType":"legal_litigation","narrative":"The Delaware Supreme Court affirmed the Chancery Court's August 28 ruling that ATG Capital's director nomination at Empery Digital (EMPD) is valid, rejecting the company's appeal.\n\nATG Capital, which owns roughly 16% of EMPD (4.5 million shares), can now run four nominees -- Elbaor, Gliksberg, Kirshenbaum and Morris -- at the October 14 annual meeting, just six days away.\n\nThe Chancery Court had found the incumbent board breached fiduciary duties by rejecting ATG's nomination notice; all three major proxy advisors (ISS, Glass Lewis, Egan-Jones) back ATG's GOLD card.\n\nFor EMPD shareholders this sets up a near-term board-control vote with credible dissident momentum against the existing board.","sentiment":"bearish","agentHooks":{"shouldPost":true,"suggestedAngle":"DE Supreme Court clears activist slate for EMPD board vote six days out -- incumbent board faces high odds of turnover with full proxy-advisor support."},"keyFigures":{"customDimensions":{"nominees_atg":4,"activist_stake_pct":"approximately 16%","annual_meeting_date":"2026-10-14","chancery_ruling_date":"2026-08-28","activist_stake_shares":4500000}},"quotedText":"The Delaware Chancery Court found to have breached its fiduciary duties in rejecting our nomination notice","namedEntities":{"people":[{"name":"Gabi Gliksberg","role":"Founder and Managing Member of ATG Capital"},{"name":"James C. Elbaor","role":"ATG Capital board nominee"},{"name":"Gabriel D. Gliksberg","role":"ATG Capital board nominee"},{"name":"Meredith S. Kirshenbaum","role":"ATG Capital board nominee"},{"name":"Aaron T. Morris","role":"ATG Capital board nominee"},{"name":"Rohan Chauhan","role":"Empery Digital incumbent board nominee"},{"name":"Ryan Lane","role":"Empery Digital incumbent board nominee"},{"name":"Orn Olason","role":"Empery Digital incumbent board nominee"},{"name":"Ian Read","role":"Empery Digital incumbent board nominee"}],"products":[],"companies":[{"name":"Empery Digital Inc.","ticker":"EMPD","relationship":"activist target"},{"name":"ATG Capital Management LP","relationship":"dissident stockholder"},{"name":"Saratoga Proxy Consulting LLC","relationship":"proxy solicitor"},{"name":"ISS","relationship":"proxy advisor"},{"name":"Glass Lewis","relationship":"proxy advisor"},{"name":"Egan-Jones","relationship":"proxy advisor"}],"dollarAmounts":[]},"materialImpact":{"score":4,"reasoning":"Delaware Supreme Court affirmed the Chancery ruling that the incumbent board breached fiduciary duties, clearing ATG Capital's four nominees to stand at the October 14 annual meeting -- a real risk of board turnover for EMPD. This is issuer-adjacent litigation with direct control consequences, not a solicitation."},"tickerRelevance":{"others":[],"primary":"EMPD"},"globalImportance":35,"audienceRelevance":25,"eventTypeSecondary":["other"],"importanceComponents":{"tickerTier":"small-cap","eventGravity":"activist-litigation-win","issuerAuthored":false,"controlRelevance":"board-control contest"}},"event_type":"legal_litigation","event_type_secondary":["other"],"sentiment":"bearish","material_impact_score":4,"narrative":"The Delaware Supreme Court affirmed the Chancery Court's August 28 ruling that ATG Capital's director nomination at Empery Digital (EMPD) is valid, rejecting the company's appeal.\n\nATG Capital, which owns roughly 16% of EMPD (4.5 million shares), can now run four nominees -- Elbaor, Gliksberg, Kirshenbaum and Morris -- at the October 14 annual meeting, just six days away.\n\nThe Chancery Court had found the incumbent board breached fiduciary duties by rejecting ATG's nomination notice; all three major proxy advisors (ISS, Glass Lewis, Egan-Jones) back ATG's GOLD card.\n\nFor EMPD shareholders this sets up a near-term board-control vote with credible dissident momentum against the existing board.","key_figures":{"customDimensions":{"nominees_atg":4,"activist_stake_pct":"approximately 16%","annual_meeting_date":"2026-10-14","chancery_ruling_date":"2026-08-28","activist_stake_shares":4500000}},"named_entities":{"people":[{"name":"Gabi Gliksberg","role":"Founder and Managing Member of ATG Capital"},{"name":"James C. Elbaor","role":"ATG Capital board nominee"},{"name":"Gabriel D. Gliksberg","role":"ATG Capital board nominee"},{"name":"Meredith S. Kirshenbaum","role":"ATG Capital board nominee"},{"name":"Aaron T. Morris","role":"ATG Capital board nominee"},{"name":"Rohan Chauhan","role":"Empery Digital incumbent board nominee"},{"name":"Ryan Lane","role":"Empery Digital incumbent board nominee"},{"name":"Orn Olason","role":"Empery Digital incumbent board nominee"},{"name":"Ian Read","role":"Empery Digital incumbent board nominee"}],"products":[],"companies":[{"name":"Empery Digital Inc.","ticker":"EMPD","relationship":"activist target"},{"name":"ATG Capital Management LP","relationship":"dissident stockholder"},{"name":"Saratoga Proxy Consulting LLC","relationship":"proxy solicitor"},{"name":"ISS","relationship":"proxy advisor"},{"name":"Glass Lewis","relationship":"proxy advisor"},{"name":"Egan-Jones","relationship":"proxy advisor"}],"dollarAmounts":[]},"model_name":"glm-5.3-flashx","prompt_hash":"sha256:5c812bd9e28b810d","schema_hash":"sha256:05005c02d9cffac9","created_at":"2026-10-08T20:39:17.421Z","global_importance":35,"audience_relevance":25,"importance_components":{"tickerTier":"small-cap","eventGravity":"activist-litigation-win","issuerAuthored":false,"controlRelevance":"board-control contest"}},"durationMs":8201,"modelName":"glm-5.3-flashx"}}