
The two people most responsible for starting @OpenAI are now facing off in court. Elon Musk's trial against Sam Altman, Greg Brockman, and Microsoft began this week in Oakland, California. The outcome could reshape the future of OpenAI ahead of its planned IPO.
The numbers:
• Trial began: April 28, 2026 at the Ronald V. Dellums Federal Building in Oakland
• Judge: Yvonne Gonzalez Rogers
• 9 jurors selected
• Damages sought: up to ~$134 billion
• Musk contributed $38 million in early funding to OpenAI
• OpenAI current valuation: $852 billion
• OpenAI IPO expected later this year
• Trial divided into two phases: liability (with advisory jury verdict) and remedies (judge decides)
𝗪𝗵𝗮𝘁 𝗶𝘀 𝗵𝗮𝗽𝗽𝗲𝗻𝗶𝗻𝗴: Musk is suing OpenAI, Altman, Brockman, and Microsoft. He alleges that Altman and Brockman shifted OpenAI away from its founding nonprofit mission and turned it into a for-profit enterprise without his knowledge. OpenAI was co-founded in 2015 as a nonprofit AI research lab primarily funded by Musk. He left the board in 2018. In 2019, OpenAI created a for-profit subsidiary. In 2025, it restructured further into a for-profit public benefit corporation. Musk claims these changes violated OpenAI's charitable trust.
𝗪𝗵𝗮𝘁 𝗠𝘂𝘀𝗸 𝗶𝘀 𝗮𝘀𝗸𝗶𝗻𝗴 𝗳𝗼𝗿: Musk wants OpenAI to revert to a nonprofit structure. He wants Altman and Brockman removed as officers. He wants Altman removed from the board. And he is seeking up to $134 billion in damages to go back into OpenAI's nonprofit foundation.
𝗪𝗵𝗮𝘁 𝗢𝗽𝗲𝗻𝗔𝗜 𝘀𝗮𝘆𝘀: OpenAI has pushed back on all claims and says the lawsuit is aimed at undercutting the company's growth and bolstering Musk's own AI venture, xAI. In October 2025, California and Delaware attorneys general approved OpenAI's new corporate structure with conditions, including a safety committee to review decisions made by the for-profit subsidiary.
𝗪𝗵𝘆 𝘁𝗵𝗶𝘀 𝗺𝗮𝘁𝘁𝗲𝗿𝘀: The trial is happening while OpenAI prepares for what could be one of the largest IPOs in history. A ruling in Musk's favor could force structural changes to OpenAI before it goes public. Microsoft is also named as a co-defendant, accused of aiding the alleged breach of charitable trust. The case also carries risk for Musk, who is preparing for SpaceX's own record IPO this summer.
𝗕𝗼𝘁𝘁𝗼𝗺 𝗹𝗶𝗻𝗲: This trial puts two of the most influential figures in AI against each other in federal court. The jury's verdict will be advisory, with Judge Gonzalez Rogers making the final call. Whatever happens, the outcome could affect OpenAI's path to IPO, its corporate structure, and the broader AI industry.

English
















