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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 11-K
     
þ   ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
FOR THE FISCAL YEAR ENDED DECEMBER 31, 2009,
OR
     
o   TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
     
    for the transition period from               to             
Commission file number 1-32630
A. Full title of the plan and the address of the plan, if different from that of the issuer named below:
Fidelity National Financial Group 401(k) Profit Sharing Plan.
B. Name of issuer of the securities held pursuant to the plan and the address of its principal executive office:
Fidelity National Financial, Inc.,
601 Riverside Ave.,
Jacksonville, FL 32204
REQUIRED INFORMATION
     Item 4. Plan Financial Statements and Schedules Prepared in Accordance with the Financial Reporting Requirements of ERISA
 
 

 


 

FIDELITY NATIONAL FINANCIAL GROUP
401(k) PROFIT SHARING PLAN
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 EX-23
All other schedules are omitted because they are not applicable or not required based on disclosure requirements of the Employee Retirement Income Security Act of 1974 and regulations issued by the Department of Labor.
EXHIBIT 23, Consent of Independent Registered Public Accounting Firm

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Report of Independent Registered Public Accounting Firm
The Administrative Committee
Fidelity National Financial Group 401(k) Profit Sharing Plan:
We have audited the accompanying statements of net assets available for benefits of Fidelity National Financial Group 401(k) Profit Sharing Plan (the Plan) as of December 31, 2009 and 2008, and the related statement of changes in net assets available for benefits for the years then ended. These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2009 and 2008, and the changes in net assets available for benefits for the years then ended in conformity with U.S. generally accepted accounting principles.
Our audits were performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The supplemental Schedule H, Line 4i — Schedule of Assets (Held at End of Year) as of December 31, 2009 is presented for the purpose of additional analysis and is not a required part of the basic financial statements but is supplementary information required by the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. This supplemental schedule is the responsibility of the Plan’s management. The supplemental schedule has been subjected to the auditing procedures applied in the audits of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole.
/s/ KPMG LLP
June 25, 2010
Jacksonville, Florida
Certified Public Accountants

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FIDELITY NATIONAL FINANCIAL GROUP
401(k) PROFIT SHARING PLAN
Statements of Net Assets Available for Benefits
December 31, 2009 and 2008
                 
    2009     2008  
Assets:
               
Investments, at fair value:
               
Cash and cash equivalents
  $ 2,151,268     $ 2,417,231  
Common/collective trust funds
    310,738,997       267,251,529  
Corporate bond fund
    33,075,021       19,757,679  
Mutual funds
    357,625,800       262,424,790  
Common stock
    37,784,019       47,548,595  
Employer common stock
    76,899,609       107,472,132  
 
           
Total investments
    818,274,714       706,871,956  
 
           
Participant loans
    27,868,092       25,589,186  
Receivables:
               
Participant contributions
    1,923,394       1,267,821  
Due from broker for securities sold
    3,413,011       1,256,953  
Accrued dividends
    205,511       752,737  
Accrued interest
    133,910       1,156  
 
           
Total receivables
    5,675,826       3,278,667  
 
           
Total assets
    851,818,632       735,739,809  
 
           
Liabilities:
               
Refund of excess contributions
          2,365  
Due to broker for securities purchased
    2,449,990       949,475  
 
           
Total liabilities
    2,449,990       951,840  
 
           
Net assets available for benefits before adjustment
    849,368,642       734,787,969  
Adjustment from fair value to contract value for fully benefit-responsive investment contracts
    (446,995 )     11,871,727  
 
           
Net assets available for benefits
  $ 848,921,647     $ 746,659,696  
 
           
See accompanying notes to financial statements.

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FIDELITY NATIONAL FINANCIAL GROUP
401(k) PROFIT SHARING PLAN
Statements of Changes in Net Assets Available for Benefits
Years ended December 31, 2009 and 2008
                 
    2009     2008  
Investment (loss) income:
               
Net appreciation (depreciation) in investments
  $ 81,456,751     $ (155,746,265 )
Interest
    4,517,314       4,325,894  
Dividends
    10,406,828       11,721,451  
 
           
Investment (loss) income, net
    96,380,893       (139,698,920 )
 
           
Contributions, including rollover contributions:
               
Participant
    102,289,487       59,851,144  
 
           
Total contributions
    102,289,487       59,851,144  
Transfer in of net assets from merged plans
    5,147,817       2,511,243  
 
           
 
    203,818,197       (77,336,533 )
 
           
Deductions from net assets attributed to:
               
Benefits paid to participants
    101,171,564       133,174,826  
Administrative expenses
    384,682       428,383  
 
           
Total deductions
    101,556,246       133,603,209  
 
           
Net increase (decrease)
    102,261,951       (210,939,742 )
Net assets available for benefits:
               
Beginning of year
    746,659,696       957,599,438  
 
           
End of year
  $ 848,921,647     $ 746,659,696  
 
           
See accompanying notes to financial statements.

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FIDELITY NATIONAL FINANCIAL GROUP
401(k) PROFIT SHARING PLAN
Notes to Financial Statements
December 31, 2009 and 2008
(1) Description of the Plan
The following description of the Fidelity National Financial Group 401(k) Profit Sharing Plan (the Plan) provides only general information. Participants should refer to the Plan document for a more complete description of the Plan’s provisions.
(a) General
The Plan is a defined contribution plan covering all employees of Fidelity National Financial, Inc. (FNF or the Company) and its Affiliated and Related Companies, who have attained age 18, have completed 90 days of service, and have elected to participate in the Plan. Affiliated Companies are defined as members of a controlled group of corporations or other entities that are under common control. Related Companies, while related, are not considered members of a controlled group of corporations or other entities that are under common control. Temporary employees who have not completed at least 1,000 hours of service are not eligible to participate in the Plan. The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA).
The Plan and its related trust are intended to qualify as a profit-sharing plan and trust under section 401(a) and 501(a) of the Internal Revenue Code (IRC), with a cash or deferred arrangement within the meaning of section 401(k) of the IRC. In addition, the Plan is intended to qualify as a stock bonus plan that satisfies the requirements of an employee stock ownership plan within the meaning of section 4975(e)(7) of the IRC. That portion of the Plan is designed to invest primarily in shares of FNF common stock.
(b) Administration
During 2009 and 2008, the trustee of the Plan was Wells Fargo Bank, NA (Wells Fargo). Wells Fargo also performs participant recordkeeping and other administrative duties for the Plan. The Administrative Committee of the FNF Board of Directors oversees the Plan’s operations.
(c) Plan Amendments
Effective January 1, 2008, the Plan Committee amended the Plan document to require each eligible employee of the Company to contribute a minimum of 3% of pre-tax compensation to the Plan unless an affirmative contrary election is made by the employee.
Effective January 1, 2008, the Plan Committee elected to amend the section of the Plan document governing matching contributions to allow matching contributions solely at the discretion of the Company, provided that any discretionary matching contribution is applied as a uniform percentage. Prior to January 1, 2008, the Company made matching contributions equal to 50% of a participant’s deferral up to 6% of eligible compensation. As of January 1, 2008, matching contributions by the Company have been discontinued (see footnote 1(e)).
(d) Plan Mergers
Following approval by the board of directors of the Company, the Capital Abstract and Title Company 401(k) Profit Sharing Plan (the Capital Abstract and Title Plan) was merged into the Plan effective November 3, 2009, and the Grundy Pioneer Title Company Inc. 401(k) Plan (the Grundy Plan) and ATM Corporation of America 401(k) Profit Sharing Plan and Trust (the ATM Plan) defined contribution employee benefit plans, were merged into the Plan effective November 1, 2008 and September 29, 2008, respectively. The accompanying statements of changes in net assets available for benefits reflect cash transfers in of $1,241,555 from the Capital Abstract and Title Plan in 2009 and $13,897 from the Grundy Plan and $2,401,020 from the ATM Plan in 2008. In addition, participant loans totaling $3,906,262 and $96,326 were transferred to the Plan in 2009 and 2008, respectively.

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(e) Contributions
During 2009 and 2008, participants could generally contribute up to 40% of their pretax annual compensation, as defined in the Plan. Participants may also contribute amounts representing distributions from other qualified defined benefit or defined contribution retirement plans, as well as direct rollovers from individual retirement accounts or annuities. Participants direct the investment of their contributions into various investment options offered by the Plan. At December 31, 2009 and 2008, the Plan offered four common /collective trust funds, one corporate bond fund, and eight mutual funds, and one common stock fund which invests solely in Company stock as investment options for participants. During 2009 and 2008, there were no matching contributions made by the Company. At the option of the Company’s board of directors, matching contributions may be resumed in the future and discretionary contributions may also be made by the Company. No discretionary contributions were made by the Company during the Plan years ended December 31, 2009 and 2008. All Company contributions are participant directed. Contributions are subject to certain limitations established by the Internal Revenue Service.
(f) Participant Accounts
Each participant’s account is credited with the participant’s contribution, the Company’s contribution as applicable, and an allocation of Plan earnings and charged with an allocation of Plan losses, if any.
Allocations are based on participant earnings or account balances, as defined. The benefit to which a participant is entitled is the benefit that can be provided from the participant’s vested account.
(g) Vesting
Participants are immediately vested in their contributions plus actual earnings thereon. Vesting in the Company’s matching and discretionary contribution portion of their accounts plus actual earnings thereon, is based on years of service as follows:
         
    Vested  
Number of years of service   percentage  
Less than 1 year
    0 %
1 year
    34  
2 years
    67  
3 years or more
    100  
From 2007 to 2009, in response to the declining title insurance market, the Company reduced its number of employees. As a result, it was determined in 2008 that the Plan had experienced a partial termination under Treasury Regulations Section 1.411(d)(2), and all employees who were terminated involuntarily as a result of job elimination or reduction in force beginning January 1, 2007, became 100% vested in their Plan accounts regardless of their years of service. For such participants who were terminated during 2009 and 2008, $22,697 and $83,172, respectively, in employer match amounts and the earnings thereon were restored to their accounts and immediately vested.
(h) Participant Loans
Participants may borrow from their fund accounts a minimum of $1,000 up to a maximum equal to the lesser of $50,000 reduced by the highest outstanding loan balance during the preceding 12 months, or 50% of their vested account balance. Loan terms range from one to five years or up to ten years for the purchase of a primary residence. The loans are secured by the balance in the participant’s account. Interest rates range from 4.25% to 10.50% on loans outstanding as of December 31, 2009 and 2008. Principal and interest is paid ratably through payroll deductions.
(i) Payment of Benefits
Upon retirement, termination of service, disability, or the attainment of age 591/2, a participant may receive all or part of the value of the participant’s vested interest in his or her account as a lump-sum distribution. Upon death of a participant, the balance of the

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participant’s vested interest in his or her account will be distributed in a lump sum to the participant’s beneficiary. Certain other withdrawals are allowed by the Plan under very limited circumstances as described in the Plan document.
(j) Forfeited Accounts
At December 31, 2009 and 2008, forfeited nonvested accounts totaled $274,715 and $300,813, respectively. Forfeitures may be allocated to current participants’ accounts, or may be used to restore the accounts of former participants, pay administrative expenses of the Plan if not paid by the Plan sponsor, or reduce future Company contributions. During 2009 and 2008, forfeitures of $555,508 and $393,213, respectively, were allocated to participants’ accounts.
(k) Administrative Expenses
Administrative expenses of the Plan that are not paid by the Plan Sponsor are paid by the Plan.
(2) Summary of Significant Accounting Policies
(a) Basis of Presentation
The financial statements of the Plan are prepared under the accrual method of accounting.
(b) Use of Estimates
The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make certain estimates and assumptions that affect the reported amounts of assets, liabilities, and changes therein, and disclosure of contingent assets and liabilities. Actual results could differ from those estimates.
(c) Risk and Uncertainties
The Plan provides for various investment options in common/collective trust funds, corporate bond funds, mutual funds, and common stock. Investment securities are exposed to various risks such as interest rate, market, and credit. Due to the level of uncertainty related to changes in the value of investment securities, it is at least reasonably possible that changes in the various risk factors, in the near term, could materially affect the participants’ account balances and the amounts reported in the financial statements.
(d) Concentration of Investments
Previously, the Plan covered all eligible employees of another company also called Fidelity National Financial, Inc. (Old FNF). The Company and Fidelity National Information Services, Inc. (FIS) were each majority-owned subsidiaries of Old FNF and each company’s eligible employees were covered under the Plan. In 2006, Old FNF distributed its ownership interest in the Company to its shareholders and merged with FIS. This resulted in a distribution of FIS common stock to Plan participants who held shares of Old FNF and the transfer of account balances relating to employees of FIS to Fidelity National Information Services 401(k) Profit Sharing Plan. In 2008, FIS completed the spin-off of Lender Processing Services, Inc. (LPS) by distributing all of its shares of LPS to FIS shareholders through a stock dividend. As a result, Plan participants who held FIS shares at the time of the spin-off received shares of LPS. After 2009, the Plan will no longer allow participant accounts to hold shares of FIS and LPS. Accordingly, after 2009, any such investments held in participant accounts were sold and the proceeds were invested in the Oakmark Equity and Income Fund, which may then be directed by the participant.
Included in the Plan’s net assets available for benefits at December 31, 2009 are investments in the Company’s common stock (5,714,578 shares) amounting to $76,899,609, or approximately 9.1% of net assets, in FIS common stock (919,037 shares) amounting to $20,432,854, or approximately 2.4% of net assets, and in LPS common stock (453,535 shares) amounting to $17,351,165, or approximately 2.0% of net assets.
Included in the Plan’s net assets available for benefits at December 31, 2008 are investments in the Company’s common stock (6,036,523 shares) amounting to $107,472,132, or approximately 14% of net assets, in FIS common stock (1,540,469 shares)

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amounting to $25,063,436, or approximately 3% of net assets, and in LPS common stock (763,503 shares) amounting to $22,485,159, or approximately 3% of net assets.
(e) Investment Valuation and Income Recognition
The Plan’s investments are stated at fair value. Shares of mutual funds and the corporate bond fund are valued at the net asset value of shares held by the Plan at year-end. The common/collective trust fund investments are valued based on the net asset value as determined by using estimated fair value of the underlying assets held in the fund. Net asset value is used as a practical expedient for fair value. Contract value of fully benefit-responsive contracts is equal to principal balance plus accrued interest. The common stock of FNF, FIS, and LPS are valued at quoted market prices. Purchases and sales of securities are recorded on a trade-date basis. Interest income is recorded on an accrual basis. Dividends are recorded on the ex-dividend date.
One of the investment options offered by the Plan, the Wells Fargo Stable Return Fund N4 (the Stable Return Fund), is a common collective trust that is fully invested in Wells Fargo Stable Return Fund G, which is fully invested in contracts deemed to be fully benefit-responsive. As a result, the Plan reports its investment in the Stable Return Fund at fair value. However, contract value is the relevant measure to the Plan because it is the amount that is available for Plan benefits. Accordingly, in the Statements of Net Assets Available for Benefits, the Stable Return Fund, along with the Plan’s other investments, is stated at fair value with a corresponding adjustment to reflect the investment in the Stable Return Fund at contract value. The Statements of Changes in Net Assets Available for Benefits are prepared on a contract value basis. Certain events limit the ability of the FNF Plan to transact at contract value with the issuer. Such events include the following: (1) the FNF Plan’s failure to qualify under Section 401(a) or Section 401(k) of the IRC, (2) the establishment of a defined contribution plan that competes with FNF Plan for employee contributions, (3) any substantive modification of the Stable Return Fund or the administration of the Stable Return Fund that is not consented to by the issuer, (4) any change in law, regulation or administrative ruling applicable to the FNF Plan that could have a material adverse effect on the Stable Return Fund’s cash flow, (5) any communication given to participants by the Committee or Wells Fargo that is designed to induce or influence participants to avoid investing in the Stable Return Fund or to transfer assets out of the Stable Return Fund, and (6) any transfer of assets from the Stable Return Fund directly to a competing investment option. The occurrence of any of these events which would limit the FNF Plan’s ability to transact at contract value with participants is not probable.
(f) Participant Loans
Participant loans are recorded at amortized cost.
(g) Payment of Benefits
Benefits are recorded when paid.
(h) Recent Accounting Pronouncements
In June 2009, the FASB changed the hierarchy of U.S. generally accepted accounting principles (“GAAP”) such that the newly released FASB Accounting Standards Codification (“Codification”) will replace other sources of authoritative GAAP with the exception of rules and interpretive releases of the Securities and Exchange Commission, which will continue to be authoritative. The new codification is effective for financial statements issued for interim and annual periods ending after September 15, 2009 and is not intended to significantly change GAAP. We have adopted the new hierarchy and references to old GAAP authoritative literature have been removed or translated into the new codification references.
In May 2009, the FASB issued ASC 855, “Subsequent Events”, which establishes principles and standards related to the accounting for and disclosure of events that occur after the balance sheet date but before financial statements are issued. ASC 855 requires an entity to recognize, in the financial statements, subsequent events that provide additional information regarding conditions that existed at the balance sheet date. We have identified no subsequent events that have occurred subsequent to period end December 31, 2009. Subsequent were evaluated through the date which the financial statements were available to be issued.
In September 2009, the FASB issued Accounting Standards Update (ASU) 2009-12, “Investments in Certain Entities that Calculate Net Asset Value per Share (or Its Equivalents)”. This ASU provides guidance for determining the fair value of certain

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investments that do not have readily determinable fair values and permits the use of unadjusted net asset values (NAV) or an equivalent measure to estimate fair value. ASU 2009-12 is effective for financial statements issued for fiscal years ending after December 15, 2009. The adoption of this new guidance did not have an impact on the Statements of Net Assets Available for Benefits or the Statements of Changes in Net Assets Available for Benefits. The Plan does not have any investments with unfunded commitments.
(3) Fair value measurements
In September 2006, the FASB issued a standard on fair value measurements which defined fair value, established a framework for measuring fair value, and expanded disclosures about fair value measurements by establishing a fair value hierarchy based on the quality of inputs used to measure fair value. The standard on fair value does not require any new fair value measurements, but applies under other accounting pronouncements that require or permit fair value measurements. In accordance with the requirements of the standard on fair value measurements, we adopted the standard for financial assets and financial liabilities that are re-measured for fair value on a recurring basis as of January 1, 2008.
The fair value hierarchy established by the standard on fair value measurements includes three levels which are based on the priority of the inputs to the valuation technique. The fair value hierarchy gives the highest priority to quoted prices in active markets for identical assets or liabilities (Level 1) and the lowest priority to unobservable inputs (Level 3). If the inputs used to measure the financial instruments fall within different levels of the hierarchy, the categorization is based on the lowest level input that is significant to the fair value measurement of the instrument. In accordance with the standard on fair value, the Plan’s financial assets and liabilities that are recorded on the Statements of Net Assets Available for Benefits are categorized based on the inputs to the valuation techniques as follows:
Level 1. Financial assets and liabilities whose values are based on unadjusted quoted prices for identical assets or liabilities in an active market that we have the ability to access.
Level 2. Financial assets and liabilities whose values are based on quoted prices in markets that are not active or model inputs that are observable either directly or indirectly for substantially the full term of the asset or liability.
Level 3. Financial assets and liabilities whose values are based on model inputs that are unobservable.
The following table presents our fair value hierarchy for those assets and liabilities measured at fair value on a recurring basis as of December 31, 2009 and 2008, respectively:
                         
    December 31, 2009  
    Level 1     Level 2     Total  
Cash and cash equivalents
  $ 2,151,268     $     $ 2,151,268  
Common/collective trust funds
          310,738,997       310,738,997  
Mutual funds
    357,625,800             357,625,800  
Corporate bond fund
    33,075,021             33,075,021  
Common stocks
    114,683,628             114,683,628  
 
                 
Total
  $ 507,535,717     $ 310,738,997     $ 818,274,714  
 
                 
                         
    December 31, 2008  
    Level 1     Level 2     Total  
Cash and cash equivalents
  $ 2,417,231     $     $ 2,417,231  
Common/collective trust funds
          267,251,529       267,251,529  
Mutual funds
    262,424,790             262,424,790  
Corporate bond fund
    19,757,679             19,757,679  
Common stocks
    155,020,727             155,020,727  
 
                 
Total
  $ 439,620,427     $ 267,251,529     $ 706,871,956  
 
                 

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The Plan’s level 1 and level 2 fair value measures are provided by a third-party pricing service, which management believes to be reasonable. This pricing service is a leading global provider of financial market data, analytics and related services to financial institutions. See footnote 2(e) for a description of the fair value measures used for each type of investment.
(4) Investments
The following presents the Plan’s investments, at fair value, as of December 31, 2009 and 2008 with individual investments that represent 5% or more of the Plan’s net assets separately identified:
                 
    2009     2008  
Wells Fargo Stable Return Fund
  $ 223,944,535     $ 212,044,636  
Oakmark Equity and Income Fund
    123,733,174       92,295,669  
ABN Amro Growth Fund
    83,249,513       63,817,908  
Fidelity National Financial, Inc. Common Stock
    76,899,609       107,472,132  
Wells Fargo S&P 500 Index Fund
    51,740,982       35,267,781  
Artio International Equity Class I
    42,288,463        
All other investments less than 5%
    216,418,438       195,973,830  
 
           
Total
  $ 818,274,714     $ 706,871,956  
 
           
As stated in note 2(e) above, the plan is invested in four common collective trust funds all of which are manage by Wells Fargo Bank, N.A. The Stable Return Fund, which is deemed to be fully benefit-responsive, is stated at fair value on the Statements of Net Assets Available for Benefits, with a corresponding adjustment to reflect contract value. The fair value of this fund as of December 31, 2009 and 2008 was $223,944,535 and $212,044,636, respectively. The contract value of the fund as of December 31, 2009 and 2008, which is a component of net assets available for benefits, totaled $223,497,540 and $223,916,363, respectively. During 2009 and 2008, this fund yielded approximately 3.40% and 5.29%, respectively. The primary investments strategy of the fund is to preserve the principal and maintain adequate liquidity. The S&P 500 Index Fund is an index fund with a primary investment strategy of approximating as closely as practicable the total return of the Standard and Poor’s 500 Index. The S&P Midcap Fund is a collective investment fund with a primary investment strategy to approximate as closely as practicable the total return of the S&P 400 MidCap Index. The International Equity Fund is a collective investment fund with a primary investment strategy of long-term capital appreciation by investing principally in equity securities of companies based primarily in developed foreign countries and also in emerging markets.
During 2009 and 2008, the Plan’s investments (including gains and losses on investments bought and sold, as well as held during the year) appreciated (depreciated) in value, by investment type, as follows:
                 
    2009     2008  
Net appreciation (depreciation) in fair value of investments:
               
Common/collective trust funds
  $ 25,844,978     $ (25,941,837 )
Corporate bond fund
    530,198       68,250  
Mutual funds
    63,023,441       (130,710,790 )
Common stock
    16,925,739       (18,642,033 )
Employer common stock
    (24,867,605 )     19,480,145  
 
           
Net appreciation (depreciation) in fair value of investments
  $ 81,456,751     $ (155,746,265 )
 
           
Dividends on Fidelity National Financial, Inc. (FNF) common stock totaled $3,346,812 and $6,662,929 in 2009 and 2008, respectively. Dividends on Fidelity National Information Services, Inc. (FIS) common stock totaled $251,601 and $337,421 in 2009 and 2008, respectively. Dividends on Lender Processing Services, Inc. (LPS) common stock totaled $252,264 and $156,173 in 2009 and 2008.

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(5) Nonparticipant-Directed Investments
At December 31, 2009 and 2008, the Plan held $450,881 and $467,395, respectively, in cash and cash equivalents that were nonparticipant-directed. In each case, the nonparticipant-directed amounts were allocated to plan participants subsequent to year-end. Components of the changes in net assets relating to the nonparticipant-directed investments are as follows:
                 
    2009     2008  
Beginning balance
  $ 467,395     $ 288,354  
Interest
    1,874       10,178  
Dividends
    775,567       870,870  
Administrative expenses
    (163,686 )     (240,253 )
Transfers to participant-directed investments
    (630,269 )     (461,754 )
 
           
Ending Balance
  $ 450,881     $ 467,395  
 
           
(6) Transactions with Parties-in-Interest
Certain Plan investments are shares of common collective trust funds managed by Wells Fargo Trust Operations (Wells Fargo). Wells Fargo is the trustee as defined by the Plan, and therefore, these transactions qualify as party-in-interest transactions. As described in notes 2(e) and 4, Plan investments also include shares of the common stock of the Company and shares of the common stock of FIS and LPS, also parties-in-interest.
(7) Plan Termination
Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA. In the event of Plan termination, participants will become 100% vested in the Company’s contributions as applicable.
(8) Tax Status
The Internal Revenue Service has determined and informed the Company by a letter dated October 14, 2005 that the Plan and related trust are designed in accordance with applicable sections of the IRC. The Plan has been amended since receiving the determination letter. However, the Plan administrator and the Plan’s tax counsel believe that the plan is designed and is currently being operated in compliance with the applicable provisions of the IRC.
It is the Plan’s policy to recognize the impact of uncertain tax positions in its financial statements if, upon ultimate settlement, that position is more likely than not to be sustained. No such uncertain tax positions have been recognized by the Plan.
(9) Reconciliation of Financial Statements to Form 5500
The following is a reconciliation of net assets available for benefits per the financial statements to the 2009 Form 5500 expected to be filed and the 2008 Form 5500:
                 
    2009     2008  
Net assets available for benefits per the financial statements
  $ 848,921,647     $ 746,659,696  
Adjustment from fair value to contract value for fully benefit-responsive investment contracts
    446,995       (11,871,727 )
 
           
Net assets available for benefits per the expected Form 5500
  $ 849,368,642     $ 734,787,969  
 
           

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The following is a reconciliation of investment (loss) income per the financial statements to the Form 5500 expected to be filed for the year ended December 31, 2009 and the Form 5500 for December 31, 2008:
                 
    2009     2008  
Total investment (loss) income per the financial statements
  $ 96,380,893     $ (139,698,920 )
Prior year adjustment from fair value to contract value for fully benefit-responsive investment contracts
    11,871,727       679,578  
Current year adjustment from fair value to contract value for fully benefit-responsive investment contracts
    446,995       (11,871,727 )
 
           
Total investment (loss) income per the expected Form 5500
  $ 108,699,615     $ (150,891,069 )
 
           

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FIDELITY NATIONAL FINANCIAL GROUP
401(k) PROFIT SHARING PLAN
Schedule H, Line 4i – Schedule of Assets (Held at End of Year)
December 31, 2009
                             
Identity of issuer, borrower,   Description of                  
lessor, or similar party   investment   Shares/units     Cost     Current value  
   
Cash and cash equivalents
                       
* Wells Fargo  
Wells Fargo Short-term Investment Fund
    1,700,387     $ (1 )   $ 1,700,387  
* Wells Fargo  
Wells Fargo Advantage Cash Investment Money Market
    450,881       450,881       450,881  
   
Common/collective trust funds:
                       
* Wells Fargo  
Wells Fargo S&P 500 Index Fund
    1,000,019       (1 )     51,740,982  
* Wells Fargo  
Wells Fargo Stable Return Fund
    5,017,446       (1 )     223,944,535  
* Wells Fargo  
Wells Fargo S&P Midcap Fund
    1,231,621       (1 )     19,250,228  
* Wells Fargo  
Well Fargo International Equity Fund
    1,266,286       (1 )     15,803,252  
   
Corporate bond fund:
                       
Vanguard  
Vanguard Intermediate Term Bond Fund
    3,085,357       (1 )     33,075,021  
   
Mutual funds:
                       
ABN Amro Asset Management, Inc.  
ABN Amro Growth Fund
    3,046,086       (1 )     83,249,513  
Baron  
Baron Small Cap Fund
    1,250,371       (1 )     24,082,129  
Artio International  
Artio International Equity Class I
    1,497,474       (1 )     42,288,463  
Oakmark Equity and Income  
Oakmark Equity and Income Fund
    4,844,687       (1 )     123,733,174  
Robertson Stephens  
Robertson Stephens Value Fund Class A
    612,141       (1 )     12,640,696  
The Dreyfus Corporation  
Dreyfus Small Cap Index Fund
    553,999       (1 )     8,812,502  
The Dreyfus Corporation  
Dreyfus Intermediate Term Income Fund
    2,919,943       (1 )     36,245,152  
Van Kampen Investments  
Van Kampen Comstock Fund
    1,925,665       (1 )     26,574,171  
   
Common stocks:
                       
* Fidelity National Financial, Inc.  
Fidelity National Financial, Inc.
    5,714,578       (1 )     76,899,609  
* Fidelity National Information Services, Inc.
 
Fidelity National Information Services, Inc.
    919,037       (1 )     20,432,854  
* Lender Processing Services, Inc.  
Lender Processing Services, Inc.
    453,535               17,351,165  
* Participant loans  
Participant loans, various maturities, interest rates 4.25% – 10.50%, balances collateralized by participant account, a total of 5,926 loans are outstanding
                    27,868,092  
   
 
                     
   
 
                  $ 846,142,806  
   
 
                     
 
*   Party in interest.
 
(1)   Cost information has not been included because investments are participant directed.
See accompanying report of independent registered public accounting firm.

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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Trustees (or other persons who administer the employee benefit plan) have duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.
         
  The Fidelity National Financial Group
401(k) Profit Sharing Plan
 
 
Date: June 25, 2010  /s/ Karen Harper    
  Karen Harper   
  Trustee   

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EXHIBIT INDEX
     
Exhibit No.    
23
  Consent of KPMG, LLP

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