Let me see if I understand this argument correctly...
Asher's team (I assume they have one) of lawyers all believed that Asher could win a force delivery of the shares. Why else would they have sued?
The judge, and his many years of experience on the bench coupled with the ability to research the topic as well as discuss the argument with other lawyers (including ones at the SEC/FINRA) didn't see it that way either...
But DBMM's lawyer is more knowledgeable than all of them combined?
Wrong and nope. History is filled with lower tiered and grey companies who have made moves without proper disclosure or filings. Heck 1 sheet of paper can make you non reporting. Companies drop tiers on purpose to skirt the rules. Stock market 101.