The CEO and board of Empery Digital Inc. — a “digital asset treasury” devoted to buying and holding Bitcoin — lost their bid to avoid a proxy fight against the hedge fund gunning for their seats.
Delaware’s top legal tribunal ruled Thursday for ATG Capital Opportunities LP, upholding an August decision by a Delaware Chancery Court judge. The state Supreme Court’s decision — rendered in a single page — came just one day after it heard the appeal.
The high court’s ruling tees up an Oct. 14 face-off at the shareholder ballot box between a sitting board led by …