How is my potential payment calculated?
How much you may receive is calculated under a proposed allocation plan. It does not promise that every sale or every claim will result in a payment.
- A sale during either Class Period may produce a Recognized Loss only if the sale price was below $48 per share. The starting amount is the difference between $48 and the sale price.
- Sales outside the two Class Period windows, and shares still held on September 29, 2022 or sold later, have a $0 Recognized Loss under the proposed plan.
- Your final payment is not that per-share figure. It is a proportional share of the Net Settlement Fund based on your Recognized Loss compared with all accepted claimants’ losses.
What transactions and holdings must I report on the claim form?
The claim form requires more than the sales that may qualify for a loss calculation. Missing required transaction or holding information can lead to rejection.
- Report every sale from August 12 through September 28, 2022, even if it made money or lost money.
- Also report purchases or other acquisitions during that period, holdings at the beginning and end of the period, and any short sales and covering purchases.
- List transactions separately in date order using the trade date, not the settlement or payment date.
What does FIFO mean for people with multiple stock transactions?
The Claims Administrator uses this matching rule when calculating the proposed Recognized Loss for people with earlier holdings or multiple transactions.
- The plan uses first-in, first-out (FIFO) matching. Sales are first matched to shares you held when the Class Period began.
- Any remaining Class Period sales are then matched to shares you bought or acquired after August 12, 2022.
- This can matter if you held shares before the Class Period or made several purchases and sales.
Who should submit the claim if shares were held through a broker, jointly, or for an estate or trust?
The form distinguishes between the person or entity that actually owned the shares and the name in which the shares were registered.
- The actual beneficial seller generally must file and sign the claim, even if a broker or other nominee was the record owner.
- All joint sellers must sign.
- An executor, trustee, guardian, or similar representative may file for someone else, but must provide evidence of authority and identify the person or entity represented.
Are short sales handled differently?
The notice has separate rules for short sales. Be sure to identify short sales and covering purchases on the transaction schedule.
- A short sale is treated as occurring on the sale date, and the cover is treated as a purchase or acquisition.
- A short sale in either eligible window may have a Recognized Loss if its sale price was below $48 per share.
- However, the loss is zero to the extent that FIFO matches that short sale to a covering purchase made within either eligible window.
Can I still exclude myself from this settlement?
This settlement notice does not provide a new exclusion deadline or a procedure to leave the settlement now.
- The notice says the earlier Class Notice gave Class Members the chance to request exclusion before this settlement was reached.
- People whose timely, valid exclusion requests are accepted by the Court cannot recover from this settlement.
- If a person did not make a timely request, or the Court finds the request invalid, that person is bound by the Court’s orders, including the settlement.
How can I object or ask to speak at the Court hearing?
Objecting does not remove you from the Class. You may ask to speak at the hearing, but must include a Notice of Intention to Appear with the written objection.
- You may object to the settlement, the proposed allocation plan, or the lawyers’ fee and expense request.
- An objection must be signed and include your contact information, reasons and support for the objection, information showing Class membership and relevant stock sales, and certain information about prior class-settlement objections.
- It must be filed with the Court and delivered to Lead Counsel by December 18, 2026. It must be received by that date, not merely mailed by then.
What rights do Class Members give up if the settlement is approved?
Filing a claim is not the only event that matters here: Class Members who do nothing also remain bound by the settlement if it is approved.
- If the settlement is approved, Class Members release claims against the defendants and other released parties that were asserted or could have been asserted concerning the allegations and sales of National Instruments common stock during the Class Period.
- The release includes claims that a Class Member does not know or suspect at the time of the release.
- Claims to enforce the settlement and claims belonging to people with Court-accepted exclusions are not included in the released plaintiff claims.
Other Important Dates
- Objection deadline: 2026-12-18
- Final approval hearing: January 13, 2027, at 2:30 p.m.
- Hearing location: United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, Courtroom 18B
Case Details
- Total settlement fund: $28,000,000
- Case name: In re National Instruments Corporation Securities Litigation
- Case number: 1:23-cv-10488-DLC
- Court: United States District Court for the Southern District of New York
- Administrator: Strategic Claims Services
- Official Settlement Website: https://www.nationalinstrumentssecuritiesclassaction.com
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits
