ATG Capital Announces that the Delaware Supreme Court has Affirmed the Chancery Court’s Ruling in Empery Digital Appeal – Upholding Stockholder Franchise

Gabi Gliksberg, Founder and Managing Member of ATG Capital

“The Delaware Supreme Court’s ruling is a vindication for stockholder rights. We are thrilled that the Delaware Supreme Court has affirmed the Delaware Chancery Court’s decision. Today’s ruling protects stockholder franchise and allows Empery Digital stockholders to have a choice in who represents them at next week’s Annual Meeting. Stockholders would have been denied this choice by the incumbent board – which the Delaware Chancery Court found to have breached its fiduciary duties in rejecting our nomination notice – had ATG Capital not initiated litigation to protect all stockholders’ rights in the face of rampant board entrenchment. We believe the board’s track record, entrenchment actions and excessive spending to defend these actions, as well as the Delaware Chancery Court’s and Delaware Supreme Court’s decisions speak for themselves. Now ATG Capital has ensured that stockholders will have a choice and can make their voices heard at the Annual Meeting.”