Empery Digital Inc., headquartered in Round Rock, Texas, originally operated under the name Volcon, Inc. The company's initial focus was on the electric off-road vehicle sector, manufacturing products such as e-bikes, utility vehicles, and golf carts. In July 2025, a strategic rebranding led to the company adopting the Empery Digital identity, with a new primary emphasis on a bitcoin treasury strategy. Despite this significant pivot, the company continues to manage its established power sports operations, now unified under the Empery Mobility brand.
ATG Capital Highlights Empery Digital’s Low-Road Campaign of Misleading Statements, Attempted Distractions and Lack of Accountability for Breach of Fundamental Fiduciary Duties
ATG Capital, holder of more than 16% of Empery Digital, issued a rebuttal presentation and stockholder letter urging stockholders to vote FOR its four board nominees at the October 14 annual meeting.
ISS has sided with partial board change, recommending votes for ATG nominees Gliksberg and Morris, WITHHOLD votes against Ian Read and Orn Olason, and AGAINST the company's equity incentive plan.
The Delaware Court of Chancery found on August 28 that the board's rejection of ATG's nominations breached fiduciary duties; the board has appealed, with argument set for October 7.
ATG also flags a 71% share-price decline versus a 35% bitcoin decline, a persistent ~39% NAV discount, and $22.5 million in company solicitation costs equal to roughly a quarter of market capitalization, and is challenging the validity of the company's March offering in still-pending litigation.