Delaware Supreme Court Sets October 7 Oral Argument; ISS Backs 7 of 9 Empery Nominees
EMPD sits 16% above its 52-week low of $2.484 on light trading volume (0.4× avg).
Summary
Empery Digital disclosed the Delaware Supreme Court will hear its expedited appeal on October 7, and that ISS recommends voting FOR 7 of its 9 director nominees. The company also revealed ATG plans to seek nearly $10 million in expense reimbursement from shareholders.
Key Events · Corporate Governance and Compliance · EMPD
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Delaware Supreme Court Sets Oral Argument
The Delaware Supreme Court will hear the board's expedited appeal on October 7, 2026 — six days before the October 13 voting deadline.
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ISS Recommends 7 of 9 Empery Nominees
ISS recommends voting FOR 7 of Empery's 9 director nominees, including Ryan Lane and Rohan Chauhan, while withholding from two incumbents.
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ATG Seeks $10M Expense Reimbursement
Empery discloses ATG intends to seek reimbursement of nearly $10 million in expenses from shareholders if its nominees are elected.
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Company Attacks ATG Nominee Gliksberg
Empery cites Court of Chancery findings that Gliksberg concealed a voting scheme with Tice Brown, destroyed documents, and was sanctioned.
Analysis · EMPD · Crypto Assets
The proxy fight enters its final phase with two concrete developments: the Delaware Supreme Court will hear the board's expedited appeal on October 7, just six days before the October 13 voting deadline, and ISS has recommended shareholders vote FOR 7 of Empery's 9 nominees — including CEO Ryan Lane and Rohan Chauhan — while withholding from two incumbents. The company uses the filing to attack ATG nominee Gliksberg, citing the Court of Chancery's findings that he concealed a voting scheme with Tice Brown, destroyed documents, and was sanctioned. Empery also reveals ATG intends to seek nearly $10 million in expense reimbursement from shareholders if elected. With oral argument occurring after many shareholders will have already voted, the appeal outcome may not influence the election result, making the ISS recommendation and the company's character attacks on Gliksberg the primary levers for swaying undecided voters.
How filings like this one have moved
In the 30 days to Sep 30, 2026, 34.9% of the 1009 measured filings Wiseek scored 8 moved their stock by 5% or more by the next session's close. The median move was -0.52%. These are measured outcomes after filings of this importance, not a forecast for this one.
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At the time of this filing, EMPD was trading at $2.89 on NASDAQ in the Crypto Assets sector, with a market capitalization of approximately $81.4M. The 52-week trading range was $2.48 to $8.11. This filing was assessed with neutral market sentiment and an importance score of 8 out of 10.