LivePerson Class Action Lawsuit Explained: Key Information for investors

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

introduction to THE LIVEPERSON CLASS ACTION LAWSUIT

Contact a LivePerson Stock Loss Lawyer about a 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, please contact LivePerson Stock Loss Lawyer Timothy L. Miles 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 comprehensive analysis, we will discuss what every LivePerson investor needs to know about the LivePerson class action lawsuit.

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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%.

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. 

THE LEAD PLAINTIFF PROCESS IN THE LIVEPERSON CLASS ACTION LAWSUIT

​The Private Securities Litigation Reform Act of 1995 permits any investor who purchased and suffered losses in LivePerson stock to seek appointment as lead plaintiff in the LivePerson class action lawsuit. A lead plaintiff is generally the movant with the greatest financial interest in the relief sought by the putative class who is also typical and adequate of the putative class. ​

​A lead plaintiff acts on behalf of all other class members in directing the class action lawsuit. The lead plaintiff can select a law firm of its choice to litigate the securities class action lawsuit.  An investor’s ability to share in any potential future recovery of the class action lawsuit is not dependent upon serving as lead plaintiff. If you suffered losses in LivePerson​​ stock and have further questions, contact LivePerson stock loss Lawyer Timothy L. Miles today who will fight to recover your damages in a LivePerson class action lawsuit, if you suffered losses in LivePerson​ stock.

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

​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. 

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 class action against LivePerson​​ if you suffered significant losses in LivePerson​​ stock. ​

RESPONSIBILITIES THE LEAD PLAINTIFF WILL HAVE IN THE LIVEPERSON CLASS ACTION LAWSUIT

​​A Lead Plaintiff owes a fiduciary duty to the class, and therefore, must act in the best interest of the class in the LivePerson class action lawsuit.  Some of the responsibilities of the Lead Plaintiff in the LivePerson class action lawsuit include:

• Selecting, monitoring, and overseeing Lead Counsel.
• Reviewing and commenting on court filings on behalf of the class.
• Discussing litigation strategies with the Lead Counsel.
• Attending depositions (if necessary) and giving a deposition.
• Attending hearings (if necessary).
• Participating in mediation and the trial (if necessary).
• Provide input on any decision concerning the settlement of the securities class action.

THE LEAD PLAINTIFFS will not GET MORE MONEY THAN CLASS MEMBERS IF THE LIVEPERSON CLASS ACTION LAWSUIT SETTLES

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.

THE COURT may APPOINT MORE THAN ONE LEAD PLAINTIFF IN THE LIVEPERSON CLASS ACTION LAWSUIT

​​Yes, at its discretion the Court may appoint a person, entity, or group of persons and/or entities as Lead Plaintiffs to oversee the LivePerson class action lawsuit.

THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF IN THE LIVEPERSON CLASS ACTION LAWSUIT

​​Objecting is telling the Court you do not believe the settlement in the LivePerson class action lawsuit, or some part of it, is fair or reasonable.  You can file an objection only if you stay in the Class and do not exclude yourself, and you may submit a Claim Form even if you object to the settlement.  On the other hand, requesting exclusion is explicitly telling the Court you do not want to be part of the Class or the Settlement in the class action against LivePerson. If you exclude yourself, you cannot object to the Settlement because you no longer have standing as you are not a class member anymore. Similarly, you cannot submit a Claim Form. If you stay in the Class and object, but your objection is overruled, you will not be allowed a second opportunity to exclude yourself.

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 of the 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