Hers's a novel idea...If 1.275 B shares are returned and tied up in litigation as you say and one is so confident that they will be returned to MYEC....In a show of good will why does the CEO not retire the equivalent number of shares now !!
As you are so confident they will be returned it's a no brainer...
Retire the equivalent number of shares now (since he has 2 B personal shares) and once they are returned you can have them back..