LivePerson Class Action Lawsuit: An authoritative and Detailed Analysis

If you suffered losses in LivePerson stock, contact LivePerson stock loss lawyer Timothy L. Miles about a LivePerson class action lawsuit

INTRODUCTION TO THE THE LIVEPERSON CLASS ACTION LAWSUIT

The LivePerson class action lawsuit seeks to represent purchasers or acquirers of LivePerson, Inc. (NASDAQ: LPSN) securities between May 10, 2022 and March 16, 2023, inclusive (the “Class Period”).  Captioned Damri v. LivePerson, Inc., No. 23-cv-10517 (S.D.N.Y.), the LivePerson class action lawsuit charges LivePerson and certain of its top executive officers with violations of the​ Securities Exchange Act of 1934.
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If you suffered losses in LivePerson stock and wish to serve as lead plaintiff in the LivePerson class action lawsuit, or just have general questions about your rights as a shareholder, please contact LivePerson Stock Loss Lawyer Timothy L. Miles at no charge by calling 855/846-6529 or via e-mail at [email protected] or by submitting a contact form. Lead plaintiff motions for the LivePerson class action lawsuit must be filed with the court no later than January 30, 2024.

In this authoritative and detailed analysis, we will take a look at everything a LivePerson shareholder needs to know about the LivePerson class action lawsuit.

what are the ALLEGATIONS IN THE LIVEPERSON CLASS ACTION LAWSUIT?

​LivePerson delivers mobile and online messaging solutions through Conversational Artificial Intelligence.  In February 2022, LivePerson acquired WildHealth, Inc., a precision medicine service, according to the complaint.  The complaint further alleges that in November 2022, unbeknownst to investors, WildHealth received notice that reimbursements for its services rendered under a Medicare demonstration program related to COVID-19 testing (the “Program”) were suspended pending further review.

The LivePerson class action lawsuit alleges that defendants throughout the Class Period made false and/or misleading statements and/or failed to disclose that: (i) LivePerson’s disclosure controls and procedures contained a material weakness; (ii) accordingly, LivePerson maintained deficient internal controls over its financial reporting; (iii) as a result, LivePerson’s third quarter 2022 financial statements failed to disclose the suspension of WildHealth’s Medicare reimbursements in connection with the Program and the resulting negative impact on LivePerson’s future revenues; and (iv) accordingly, LivePerson had overstated its future financial position and/or prospects.
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The LivePerson class action lawsuit further alleges that on February 28, 2023, LivePerson revealed that, as a result of LivePerson’s acquisition of WildHealth, “[LivePerson] requires more time to perform additional review and testing of revenue recognition with respect to a recently discontinued WildHealth program, for which Medicare reimbursement is suspended pending further governmental review, and to complete its in-process review of internal controls and procedures.”  On this news, the price of LivePerson stock fell more than 14%, according to the complaint.

Then, as the complaint further alleges, on March 6, 2023, LivePerson disclosed that “the referenced review of WildHealth revenue is anticipated to affect fourth quarter 2022 revenue attributable to WildHealth’s participation in a Medicare demonstration program, due to suspension in November 2022 of Medicare reimbursements under the program and pending further governmental review.”  The LivePerson class action lawsuit alleges that on this news, the price of LivePerson stock fell nearly 7%.

​Finally, the complaint further alleges that on March 16, 2023, LivePerson revealed that “due to certain control deficiencies which aggregated to a material weakness in the Company’s internal control over financial reporting . . ., our disclosure controls and procedures were not effective as of December 31, 2022” and “[t]he control deficiencies, which in aggregate constitute a material weakness, were identified in connection with the Company’s previously disclosed review of certain transactions related to its subsidiary WildHealth.”  The LivePerson class action lawsuit alleges that on this news, the price of LivePerson stock fell nearly 58%.

WHAT IS THE LEAD PLAINTIFF DEADLINE IN THE LIVEPERSON CLASS ACTION LAWSUIT?

​​When a securities class action is filed such as the LivePerson class action lawsuit, the person who files the first complaint is required to publish a notice announcing the filing. Anyone who wants to be lead plaintiff on behalf of the class in the LivePerson class action lawsuit must thereafter file a motion to be appointed as lead plaintiff(s) no later than 60 days after the notice was published. 

WHAT ARE MY CHOICES IF I RECEIVE A NOTICE IN THE LIVEPERSON CLASS ACTION LAWSUIT?

​​First, read the notice very carefully.  You have two choices.  First, you can do nothing and remain a member of the class represented by lead counsel.  Second, if you believe you have a large enough loss to justify it, you can opt out of the LivePerson class action lawsuit and file your own separate lawsuit. Note, that if you opt out, you will not be able to participate in any settlement or recovery obtained in the LivePerson class action lawsuit. 

CAN A NON-U.S. INVESTOR SERVE AS LEAD PLAINTIFF IN THE LIVEPERSON CLASS ACTION LAWSUIT?

​Yes, courts in the U.S. have consistently recognized that non-U.S. investors, many of whom have substantial holdings, are adequate lead plaintiffs and have the same right to move for lead plaintiffs as U.S. investors.  Thus, if a non-U.S. investor suffered losses in LivePerson​ stock, they may move the Court to be appointed lead plaintiff in the LivePerson class action lawsuit. 

WHAT ARE THE BENEFITS OF SERVING AS LEAD PLAINTIFF IN THE LIVEPERSON CLASS ACTION LAWSUIT?

Serving as a Lead Plaintiff in the LivePerson class action lawsuit has several advantages and important benefits including:

• A Lead Plaintiff is able to negotiate more competitive attorney fees and reduce other litigation costs by actively monitoring the class counsel.
• Lead Plaintiff has the benefit of being able to manage the litigation primarily by overseeing and monitoring the progress of the action and the efforts of counsel, and being able to review and comment on important filings and other documents pertaining to the prosecution of the action.
• There is no financial risk in serving as a Lead Plaintiff because Lead Counsel advances all costs and expenses incurred in the prosecution of the case and will be reimbursed only if there is a successful settlement or judgment recovery on behalf of the class.
• Lead Plaintiff has the benefit of being involved and active in all negotiations relating to any settlement.
• Lead Plaintiffs that continue owning the stock of the defendant will enjoy the long-term benefits from governance reform resulting from the litigation. 

Thus, there are numerous benefits and other advantages to serving as lead plaintiff in a LivePerson class action lawsuit​​ if you suffered significant losses in LivePerson​​ stock. ​

WILL THE LEAD PLAINTIFFS GET MORE MONEY THAN CLASS MEMBERS IF THE LIVEPERSON CLASS ACTION LAWSUIT SETTLES?

No, but they may be entitled to recover their reasonable expenses incurred with are directly related to representing the class in the LivePerson class action lawsuit​​. Under the Private Securities Litigation Reform Act of 1995, a Lead Plaintiff is only entitled to his or her pro rata share of any recovery and does not receive any additional money for serving as a representative party on behalf of the class.  However, a court, in its discretion, may approve an award of “reasonable costs and expenses (including lost wages)” to a Lead Plaintiff that directly relates to the representation of the class in the LivePerson class action lawsuit​​​ on behalf of investors who suffered losses in LivePerson stock. 

HOW WAS THE CLASS PERIOD DETERMINED IN THE LIVEPERSON LAWSUIT?

In a securities fraud class action, the class period refers to a period of time in which it is alleged the price of the company’s stock was artificially inflated due to false and misleading statements made by company executives.  The class period starts when the company makes an untrue statement of material fact about the company or fails to disclose a material fact necessary to render other statements not misleading.  The class period ends when the truth is revealed to the investing public through a corrective disclosure.  
 
To be a part of the class in the LivePerson lawsuit, you must have suffered losses in LivePerson stock by purchasing during the class period when it is alleged the price of the stock was artificially inflated to be included in the class action against LivePerson​.  

HOW CAN A LIVEPERSON STOCK LOSS LAWYER HELP ME IF I SUFFERED LOSSES IN LIVEPERSON STOCK?

​​​​A LivePerson stock loss Lawyer is well-versed in the complex laws that govern the securities industry and litigation and focuses on representing individual investors or funds who have been the victims of fraud or who have disputes with investment professionals such as the LivePerson lawsuit. Ordinary individual investors, including civil servants, teachers, nurses, and retirees, may need a securities lawyer. In most cases, they have lost money due to mistakes, incompetence, or fraud by an investment professional.

While FINRA, the SEC, and state securities regulators serve a vital role in protecting investors, they simply have too many individuals, firms, and market transactions to monitor to discover every act of fraud or negligence. Individual investors should consult with a securities lawyer if they have lost money due to fraud or stockbroker misconduct. 

Look for a securities lawyer with experience, high ethical standards, verifiable credentials, and a trustworthy reputation among his peers and the judiciary, as well as testimonials from previous clients and awards and recognitions​​.

One name that immediately pops up is nationally known and widely respected Nashville lawyer Timothy L. Miles, who has valuable experience and has received numerous awards, mostly due to his high ethical standards, and hard work ethic, including most recently being named a Top 25 Class action lawyer by the National Trial Lawyers Association, and has maintained an AV rating from Martindale-Hubble since 2014, was named a 2023 Top Rated Litigator and 2023 Top Rated Lawyer by Martindale-Hubble and ALM, and was recently named a 2023 Elite Lawyer of the South by Martindale-Hubble for the fifth year in a row, and was a recipient of Avvo Client’s Choice Award in 2021, in 2022 was featured in the Top 100 Lawyers Magazine and received the Lifetime Achievement Award by Premier Lawyers of America (2019–2021).

​This will most likely be the only call you need to make. (855) 846–6529 or [email protected]. ​

IF I SUFFERED LOSSES IN LIVEPERSON STOCK, HOW MUCH CAN I GET OUT OF THE LIVEPERSON CLASS ACTION LAWSUIT?

​​​In a securities fraud class action lawsuit, the plaintiff’s damages are typically calculated as out-of-pocket losses. These losses are expressed as the difference between the price at which the stock was sold and the price at which the stock would have been sold absent any artificial inflation caused by the defendant’s alleged misrepresentations or omissions which is why you suffered losses in LivePerson stock. Contact a LivePerson stock loss lawyer who could explain your losses in greater detail if you suffered losses in LivePerson stock. 

IF I SUFFERED LOSSES IN LIVEPERSON STOCK, WHEN CAN I EXPECT TO RECEIVE MY PAYMENT IF THE LIVEPERSON CLASS ACTION LAWSUIT SETTLES?

​If there is a settlement in the LivePerson class action lawsuit, you should receive a court-ordered Notice through the mail which will provide a date when the court will hold a final hearing to decide if it will approve the settlement. If your address changed, you may also find lawsuits through sites such as Consumer Action and ClassAction.org along with instructions on how to submit a claim. The Notice will instruct you what you need to do to file a claim. In some class action settlements, you are automatically submitted and need to do nothing further. However, in others, you may be required to submit more information to proceed such as documentation proving your purchase, such as a receipt or brokerage slip or other evidence that you bought or sold LivePerson stock during the class period and suffered losses in LivePerson​​ stock.
 
The court will hold a final hearing in the LivePerson class action lawsuit on a date provided in the Notice to decide whether to finally approve the settlement. If the Court finally approves the settlement, and there are no objections or appeals, settlement payments will be mailed to all Participating Class Members within a few months. However, if there are objections or appeals, resolving them can take a significant amount of time, perhaps more than a year to resolve the LivePerson lawsuit. ​

IF THERE IS A SETTLEMENT IN THE LIVEPERSON LAWSUIT, AND I DO NOT THINK IT IS FAIR, WHAT ARE MY OPTIONS AS A CLASS MEMBER?

​If you receive a notice that the LivePerson class action lawsuit has been settled and you do not believe the settlement is fair but do not want to opt-out and file your own lawsuit, you may object to the settlement. You may object to any part of the settlement and the Court will consider all timely filed objections in the LivePerson class action lawsuit. The notice will contain the date when any objections must be filed and will include instructions on where to send your objection and will also include a date for the final hearing in the LivePerson lawsuit if you would like to appear and be heard by the court in the class action against LivePerson​​.

CONTACT A LIVEPERSON STOCK LOSS LAWYER TODAY IF YOU SUFFERED LOSSES IN LIVEPERSON STOCK ABOUT A LIVEPERSON CLASS ACTION LAWSUIT

​If you suffered losses in LivePerson stock, contact LivePerson stock loss lawyer Timothy L. Miles today for a free case evaluation about a LivePerson class action lawsuit. Call today and see what a LivePerson stock loss lawyer could do for you if you suffered losses in LivePerson​ ​stock.

LivePerson stock loss lawyer Timothy L. Miles

Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors,  shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer ofthe South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,​Class Action:  Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM  (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022).  Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more.  Please visit our website or call for free anytime.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
​​Phone: (855) 846-6529