Siverio v. Lavergne

In Siverio v. Lavergne, 1991 WL 220974 (SDNY), the Board approved the issuance of treasury shares of Command Broadcast Associates, Inc. at $ 10.00 per share to Lavergne and Cameron while simultaneously approving the issuance of shares of Command to Lapoche and Mardach for $ 20,000.00 per share. Cameron and Lavergne constituted 2 of the 3 directors of Command who approved this sale. The Siverio Court concluded that the transaction constituted a breach of Camerom and Lavergne's fiduciary duty since it conferred a direct financial benefit upon them and was being used as a means to force Siverio to sell his shares.