Microsoft Legal Hurdles NPR's Larry Abramson reports Microsoft and the Justice Department may be headed for settlement negotiations, but Microsoft is saying it will not accept any settlement that requires a restructuring. Yesterday, a federal appeals court threw out a court-ordered break up plan. There is much speculation that the Justice Department will now try to settle the case. That may be difficult, though. Several state Attorneys General insist a break up is still warranted and oppose any preconditions.