The auditors hoped to use to the Second Circuit's 2011 decision in Fait v. Regions Financial to escape securities claims related to the bankrupt oil shipping company Overseas Shipholding Group. A judge in New York wasn't having it.

Cite as: Litwin v. The Blackstone Group, L.P., 09-4426-cv, NYLJ 1202481597161, at *1 (2nd Cir., Decided February 10, 2011)Before: Miner, Cabranes, and Straub, C

Cite as: In re Gildan Activewear Inc., 08 Civ. 5048, NYLJ 1202472366534, at *1 (SDNY, Decided September 20, 2010)District Judge Harold Baerp class="decided

It's not clear how the Supreme Court's landmark Concepcion arbitration ruling might apply to shareholder litigation. The Carlyle Group and its lawyers at Simpson Thacher are ready to test whether a public company can ban shareholder class actions.

Class action litigation is beginning to take shape over allegations that major banks manipulated Libor, the benchmark rate used to calculate interest on trillions of dollars in securities globally. On Monday the federal district court judge hearing the litigation consolidated 20 class complaints, and appointed interim class counsel.