Investigation Overview
San Diego, Dec. 16, 2011 (Shareholders Foundation) -- The announcement by Tilman J. Fertitta that his wholly-owned company, Fertitta's Morton's Restaurants, Inc. and its wholly owned subsidiary Fertitta Morton's Acquisition, Inc intend to acquire Morton's Restaurant Group for $6.90 per share prompted an investigation for investors in NYSE:MRT shares concerning whether the offer to acquire Morton's Restaurant Group and the buyout process are unfair to investors in Morton's Restaurant Group (MRT) shares and whether certain officers and directors breached their fiduciary duties.
The investigations by law firms concern whether Morton's Restaurant Group Inc, certain officers and directors, and/or others breached their fiduciary duties owed NYSE:MRT investors in connection with the proposed acquisition.
On December 16, 2011, Tilman J. Fertitta announced that his wholly-owned company, Fertitta's Morton's Restaurants, Inc. and its wholly owned subsidiary Fertitta Morton's Acquisition, Inc. have signed an Agreement to acquire 100% of Morton's Restaurant Group, Inc. ('MRT') for $6.90 a share.
Tilman J. Fertitta said the price for the MRT shares represents a premium of approximately 34% to the closing price on Thursday, December 15, 2011.
Following the takeover proposal NYSE MRT shares jumped from $5.16 per share on Thursday to$6.84 per share on Friday, December 16, 2011
However, shares of Morton's Restaurant Group, Inc. (Public, NYSE:MRT) traded as early as July 22, 2011 as high as $7.74 per share, thus well above the current offer. In addition analysts have set the mean, median high, and low target price for NYSE MRT shares all at $9 per share.
Additionally, Morton's Restaurant Groups performance improved lately. Its 52week Revenue increased from $281.10million for a 52week period ending on January 3, 2010 to $296.13million for a 52week period ending on January 2, 2011 and its Net Income rose for the same time periods from a Net Loss of $79.65million to a Net Income of $2.53million.
Therefore the investigation for NYSE:MRT investors concerns whether the Morton's Restaurant Group, Board of Directors undertook an adequate sales process and in particular breached their fiduciary duties to Morton's Restaurant Group (NYSE:MRT) shareholders by failing to adequately shop the Company before entering into this transaction.
Tilman J. Fertitta also disclosed today that he already owns approximately 5% of the outstanding common stock of MRT, making him one of the largest individual stockholders of Morton's Restaurant Group.
A potential securities class action lawsuit would seek to maximize the amount of money and information Morton's Restaurant (NYSE:MRT) shareholders would receive in a buyout, so the law firm