Key Takeaways
- • Delaware's Supreme Court ruled Thursday, Oct. 8, 2026, in favor of activist ATG Capital Opportunities LP, upholding an August Delaware Chancery Court decision in the proxy dispute with Empery Digital Inc.
- • Empery Digital, a "digital asset treasury" company focused on buying and holding Bitcoin, lost its bid to avoid a shareholder proxy fight initiated by the activist fund.
- • The Supreme Court issued its decision in a single page, one day after hearing oral arguments on the appeal, per Bloomberg Law.
- • A shareholder vote is scheduled for Oct. 14, 2026, pitting Empery's sitting board against ATG's nominees for board seats.
Summary
Delaware's top court ruled in favor of ATG Capital Opportunities LP on Thursday, Oct. 8, 2026, rejecting an appeal by Empery Digital Inc. and its board, according to Bloomberg Law. The decision upholds an August 2026 ruling by a Delaware Chancery Court judge that had required Empery to face a proxy contest with the activist hedge fund. Empery describes itself as a "digital asset treasury" company devoted to buying and holding Bitcoin.
The Delaware Supreme Court issued its ruling in a single page, just one day after hearing the appeal. The speed of the decision reflects the limited scope of the dispute, which centered on whether Empery could immediately appeal the lower court's order rather than on the merits of the activist's campaign.
The ruling sets up a shareholder vote on Oct. 14, 2026, in which Empery's current board, led by its chief executive, will contest board seats against ATG's nominees. Full details of the nominees, the vote's proposed outcomes, and the company's public response were not available in the sources reviewed.
Related Delaware coverage in the publisher's feed has documented similar disputes, including a separate Chancery Court refusal to allow Empery to appeal the same ruling earlier in the litigation. Those reports concern the same dispute and are consistent with the timeline above.
The Delaware Supreme Court issued its ruling in a single page, just one day after hearing the appeal. The speed of the decision reflects the limited scope of the dispute, which centered on whether Empery could immediately appeal the lower court's order rather than on the merits of the activist's campaign.
The ruling sets up a shareholder vote on Oct. 14, 2026, in which Empery's current board, led by its chief executive, will contest board seats against ATG's nominees. Full details of the nominees, the vote's proposed outcomes, and the company's public response were not available in the sources reviewed.
Related Delaware coverage in the publisher's feed has documented similar disputes, including a separate Chancery Court refusal to allow Empery to appeal the same ruling earlier in the litigation. Those reports concern the same dispute and are consistent with the timeline above.
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