UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
_____________________
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of
1934
Date
of
Report (Date of earliest event reported): May
11, 2006
LivePerson,
Inc.
(Exact
Name of Registrant as Specified in its Charter)
|
Delaware
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0-30141
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13-3861628
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(State
or other Jurisdiction
of
Incorporation)
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(Commission
File Number)
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(I.R.S.
Employer
Identification
No.)
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462
Seventh Avenue, New York, New York
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10018
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(Address
of Principal Executive Offices)
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(Zip
Code)
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Registrant's
telephone number, including area code:
(212) 609-4200
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_____________________
(Former
name or former address, if changed since last
report)
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_____________________
Check
the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
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[
]
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Written
communications pursuant to Rule 425 under the Securities Act (17
CFR
230.425)
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[
]
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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[
]
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR
240.14d-2(b))
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[
]
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act
(17 CFR
240.13e-4(c))
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Item
8.01. Other
Events.
As
previously disclosed, LivePerson, Inc. (the “Company”) received written
notification in September 2005 from a former employee alleging claims related
to
improper termination of employment. On May 11, 2006, Ms. Lisa E. Cash filed
a
suit against the Company, Robert LoCascio and Timothy E. Bixby in the Supreme
Court of New York State, containing claims of improper termination of employment
and related claims.
The
Company and the individual defendants believe that the claims are without
merit,
and intend to vigorously defend against them. The Company expects that, should
any material loss result from an unsuccessful defense against such claims,
existing insurance coverage will be sufficient to cover any such loss. The
Company has not accrued for this contingency as of the date hereof, because
the
amount of loss, if any, is not expected to exceed available insurance coverage.
However, the Company cannot assure you that its defenses will be successful
and,
if they are not, that the Company’s ultimate liability in connection with the
claims will not exceed its insurance coverage or have a material adverse
effect
on the Company’s business, results of operations, financial condition, or cash
flows.
Forward-looking
Statements
Statements
in this report about the Company that are not historical facts are
forward-looking statements based on the Company’s current expectations,
assumptions, estimates and projections. These forward-looking statements
are
subject to risks and uncertainties that could cause actual future events
or
results to differ materially from such statements. Any such forward-looking
statements are made pursuant to the safe harbor provisions of the Private
Securities Litigation Reform Act of 1995. Factors that could cause or contribute
to such differences include those discussed in the reports and documents
filed
from time to time by the Company with the Securities and Exchange Commission,
including those under the heading “Risk Factors.” Although the Company’s
expectations may change, the Company is under no obligation to inform you
if
they do.
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant
has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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LIVEPERSON,
INC.
(Registrant)
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Date:
May 15, 2006
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By:
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/s/
TIMOTHY E. BIXBY
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Timothy
E. Bixby
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President,
Chief Financial Officer and
Secretary
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