Delaware Supreme Court to review Empery Digital appeal over ATG nomination notice validity
EMPD•The Delaware Supreme Court will hear an expedited appeal on the validity of ATG Capital’s director nomination notice before Empery Digital’s 2026 vote, with oral arguments set for Oct. 7, 2026. ATG signaled it may seek reimbursement of nearly $10 million in expenses.
1. Expedited appeal
The Delaware Supreme Court will hear an expedited appeal over the validity of ATG Capital’s director nomination notice before Empery Digital’s 2026 vote. Oral arguments are set for Oct. 7, 2026, putting the dispute on track for a pre-election ruling.
2. Chancery court findings
Empery Digital highlighted Court of Chancery findings against ATG nominee Daniel Gliksberg, including sanctions for intentionally destroying campaign documents. The court also found evidence suggesting Gliksberg concealed voting and economic arrangements, which the company said could implicate federal securities laws. ATG signaled it may seek reimbursement of nearly $10 million in expenses, including litigation costs tied to the evidence-destruction dispute.
