Landry's Restaurants, Inc. (the "Company") is filing this Current Report on Form 8-K to update the historical financial statements included in the Company's Annual Report on Form 10-K for the year ended December 31, 2008 (the "2008 Form 10-K") for revised earnings per share information.

In June 2008, the Financial Accounting Standards Board issued Staff Position No. EITF 03-6-1, Determining Whether Instruments Granted in Share-Based Payment Transactions Are Participating Securities (the "FSP"). The provisions of the FSP were effective for financial statements issued for fiscal years beginning after December 15, 2008. The Company adopted the FSP on January 1, 2009. In accordance with the FSP, unvested equity-based awards that contain non-forfeitable rights to dividends are considered to participate with common shareholders in undistributed earnings. As a result, the awards are required to be included in the calculation of basic earnings per common share pursuant to the "two-class" method. The Company's participating securities are comprised of unvested restricted stock. These participating securities, prior to application of the FSP, were excluded from weighted-average common shares outstanding in the calculation of basic earnings per common share. The basic and diluted earnings per share amounts have been retroactively adjusted for all periods presented.

These revisions have no effect on the Company's reported net income for any reporting period and have no effect on the Company's financial condition.

The Company has adjusted in Exhibits 99.1 and 99.2 to this report the following financial information contained in the 2008 Form 10-K to reflect the Company's retroactive application of the FSP:

- Selected Financial Data

- Financial Statements

The revised sections of our 2008 Form 10-K included in this report have not been otherwise updated for events occurring after the date of our Consolidated Financial Statements, which were originally presented in the 2008 Form 10-K filed on March 16, 2009. This report should be read in conjunction with our 2008 Form 10-K.

(d) Exhibits

23.1   Consent of Independent Registered Public Accounting Firm

99.1   Selected Financial Data (adjusted to reflect the retroactive application of
       the FSP)

99.2   Financial Statements (adjusted to reflect the retroactive application of the
       FSP)