An investigation on behalf of current investors Omniture, Inc. (Public, NASDAQ:OMTR), who purchased the shares before September 15, 2009, over potential breaches of fiduciary duty and other violations of state law in connection with an alleged unfair takeover price were announced.

The investigation by a law firm focus on potential breaches of fiduciary duty and other violations of state law by the Board of Directors of Omniture, Inc. (Public, NASDAQ:OMTR) arising out of their attempt to sell Omniture to Adobe Systems Incorporated. Omniture, Inc. (Nasdaq:OMTR) and Adobe Systems Incorporated (Nasdaq:ADBE) announced on September 15, 2009 that both companies have entered into a definitive agreement for Adobe Systems to acquire Omniture in a transaction valued at approximately $1.8 billion on a fully diluted equity-value basis. Under the terms of the agreement, Adobe will commence a tender offer to acquire all of the outstanding common stock of Omniture for $21.50 per share in cash. According to Omniture the proposed offer represents a premium of 45 percent over Omnitures average closing price for the last 30 trading days through yesterdays close.

But according to one investigation by a law firm the transaction appears to be unfair to current investors of Omniture, Inc. (Public, NASDAQ:OMTR) because the Omniture board failed to conduct an open and fair auction process for Omniture, Inc. and the offer appears opportunistically timed to take advantage of the current economic downturn. Another investigation whether the Omniture Board of Directors breached their fiduciary duties to Omniture shareholders by failing to conduct a fair and open sales process in order to maximize shareholder value. Furthermore, at least one analyst set a $25 price target for Omniture stock.

Omniture, Inc., located in Orem, UT, is a provider of online business optimization software. The Company's software is used by customers to manage and enhance online, offline, and multi-channel business initiatives. Omniture, Inc. reported in 2007 Total Revenue of $143.13million and in 2008 Total Revenue of $295.61million. Shares of Omniture, Inc. (NASDAQ:OMTR) traded at $17.35 per share after the announcement and at $21.70 per share in after hours. OMTR shares were down from a 52weekHigh of $22.45 per share, over $31 per share in 2008, and almost $36 per share in 2007.