Empery Digital Counters ATG Claims with Deposition Testimony in Proxy Battle
EMPD sits 24% above its 52-week low of $2.484 on light trading volume (0.2× avg).
Summary
Empery Digital filed additional proxy materials rebutting three specific false claims from ATG Capital and publishing deposition testimony showing ATG's nominees had no plan for the company.
Key Events · Corporate Governance and Compliance · EMPD
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Company Rebuts Three ATG False Claims
Empery Digital corrects claims that EAM forced salary obligations, that payroll increased by $1 million, and that the company pays fees to Hunt Properties. The company states payroll was actually reduced by $825,000 and no fees are paid to Hunt Properties or its affiliates.
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Deposition Testimony Undermines ATG Slate
The filing quotes deposition testimony from eight ATG nominees, none of whom could articulate a plan or vision for Empery Digital. Nominee Heather Powers stated she agreed to serve on a board 'for a job you had no information about what it would entail.'
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ATG Principal's Legal Fee Motivation Exposed
Company states Gabriel Gliksberg invested $20 million of limited partners' money and spent close to $10 million on legal fees, and intends to pursue those fees from the Board if his nominees are elected.
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Annual Meeting Set for October 14, 2026
Shareholders of record as of September 2, 2026 will vote at the virtual annual meeting on October 14, 2026. The company urges voting FOR all nine of its nominees on the WHITE proxy card.
Analysis · EMPD · Crypto Assets
The latest proxy solicitation from Empery Digital escalates the contested election by directly rebutting three specific false claims attributed to ATG Capital's principal, Gabriel Gliksberg, and publishing deposition excerpts showing none of ATG's eight nominees could articulate a plan for the company. The filing also reveals that Gliksberg invested $20 million of limited partners' money and spent close to $10 million on legal fees, which the company argues is the real motivation behind the proxy fight. With the annual meeting set for October 14, 2026, this is a material escalation in a high-stakes board contest where the outcome will determine whether the company's AI data center strategy continues or is disrupted.
How filings like this one have moved
In the 30 days to Oct 19, 2026, 29.4% of the 1386 measured filings Wiseek scored 7 moved their stock by 5% or more by the next session's close. The median move was -0.50%. These are measured outcomes after filings of this importance, not a forecast for this one.
Measured one observation per ticker per day, after exclusions. Current figures: Filing Impact Tracker · open dataset
At the time of this filing, EMPD was trading at $3.07 on NASDAQ in the Crypto Assets sector, with a market capitalization of approximately $89.3M. The 52-week trading range was $2.48 to $8.17. This filing was assessed with neutral market sentiment and an importance score of 7 out of 10.