San Diego, Feb. 6, 2012 (Shareholders Foundation) -- The announcement by O'Charley's Inc. that agreed to by acquired by Fidelity National Financial, Inc. for $9.85 per NASDAQ:CHUX share prompted an investigation for investors O'Charley's Inc. (NASDAQ:CHUX) shares concerning whether the offer to acquire O'Charley's Inc. and the buyout process are unfair to investors in NASDAQ:CHUX shares.

The investigations by law firms concern whether O'Charley's Inc., certain officers and directors, and/or others breached their fiduciary duties owed to O'Charley's Inc. (CHUX) investors in connection with the proposed acquisition.

On Monday, February 6, 2012, O'Charley's Inc. (Public, NASDAQ:CHUX) announced that it has signed an agreement with Fidelity National Financial, Inc. (NYSE:FNF) related to Fidelity National Financial's acquisition of all the outstanding shares of O'Charley's common stock for $9.85 per share, representing a total equity value of approximately $221 million on a fully diluted basis.

O'Charley's said that the $9.85 offer represents a premium of approximately 42% to O'Charley's closing stock price of $6.92 on February 3, 2012 and a premium of approximately 57% to the 20-day average trading price of $6.27.
Following the takeover news shares of O'Charley's Inc. (Public, NASDAQ:CHUX) jumped from $6.90 on Friday to $9.85 on Monday, February 6, 2012.

However the investigation for NASDAQ:CHUX investors concerns whether the O'Charley's Board of Directors undertook an adequate sales process and in particular breached their fiduciary duties to O'Charley's Inc. (NASDAQ:CHUX) shareholders by failing to adequately shop the Company before entering into this transaction. A potential securities class action lawsuit would seek to maximize the amount of money and information O'Charley's (CHUX) shareholders would receive in a buyout, so the law firm.