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FREISHTAT v. LIVEPERSON, INC.

No. 07 Civ. 6838(JGK).

871 F.Supp.2d 293 (2012)

Gregg FREISHTAT, as Shareholders' Representative, Plaintiff, v. LIVEPERSON, INC., Defendant.

United States District Court, S.D. New York.

June 27, 2012.

Attorney(s) appearing for the Case

David Freishtat, Stacie F. Dubnow, William Michael Mullen, Freishtat, Mullen & Dubnow, LLC, Hunt Valley, MD, for Plaintiff.

Douglas Frank Curtis, Paul Michael Winke, Sarah Kim Mohr, Wilmer, Cutler, Hale & Dorr, L.L.P., New York, NY, for Defendant.

OPINION AND ORDER

JOHN G. KOELTL, District Judge.

INTRODUCTION

This is an action alleging breach of an Agreement and Plan of Merger dated June 22, 2006 ("Merger Agreement") by which the defendant, LivePerson, Inc. ("LivePerson"), acquired Proficient Systems, Inc. ("Proficient"). Pursuant to the Merger Agreement, roughly 50% of the merger consideration was contingent and payable only if certain conditions were satisfied. The plaintiff, Gregg...

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