Cross and Smith Write About Lessons from Microsoft "Barovic" Decision Relating to Internal Compliance Monitoring

Jeffery M. Cross and Dylan Smith, members of the Litigation Practice Group, suggest that the Barovic v. Ballmer ruling involving Microsoft offers an important lesson for company boards: to avoid risk of a derivative claim for breach of its fiduciary duty, a board of directors must ensure its company fulfills its obligation concerning self-monitor compliance as a court remedy relating to post-conviction judgments or post-settlement consent decrees. Cross and Smith explore this topic in their article,  “When Internal Compliance Monitoring Stumbles, Directors And Officers May Face Risk,” published in the May 2015 issue of Westlaw Journal Antitrust. 

A PDF of the article is attached.