News Musk v OpenAI Trial April 2026

Musk v. OpenAI — the landmark lawsuit in which Elon Musk alleges that OpenAI cofounders Sam Altman and Greg Brockman breached a charitable trust by abandoning OpenAI's nonprofit mission — begins on April 27, 2026, with advisory jury selection for a bench trial, in federal court in Oakland, California, before Judge Yvonne Gonzalez Rogers. Musk dropped his fraud claims on April 24–25, 2026, narrowing the case from 26 claims to two: breach of charitable trust and unjust enrichment.

Background

Musk, who co-founded OpenAI in 2015 and resigned in 2018, filed the lawsuit on August 5, 2024 (Case No. 4:24-cv-04722-YGR) in the United States District Court for the Northern District of California. He alleges that Altman and Brockman deceived him into donating approximately $38–45 million by promising OpenAI would remain a nonprofit dedicated to advancing AI for humanity's benefit, rather than pivoting to a for-profit structure valued at over $800 billion.

Musk seeks to force OpenAI back to nonprofit status, remove Altman and Brockman from leadership and strip their equity, and recover billions in "ill-gotten gains" — up to $134 billion according to a January 2026 expert damage analysis by Dr. C. Paul Wazzan.

April 2026 Pre-Trial Developments

On April 24–25, 2026, Musk voluntarily dismissed his fraud and constructive fraud claims against OpenAI, Sam Altman, and Greg Brockman, at his own request. Judge Gonzalez Rogers approved the dismissal, narrowing the case from 26 claims to just two remaining claims: breach of charitable trust and unjust enrichment.

Musk's legal team stated the dismissal was intended to "streamline" the case and keep jurors focused on the core charitable trust theory rather than being distracted by fraud allegations.

Trial Structure

The trial is divided into two phases:

• Phase 1 (Advisory Jury Verdict): Beginning April 27, 2026, the jury will hear arguments and testimony on the two remaining claims (breach of charitable trust and unjust enrichment) and issue an "advisory verdict" that is non-binding on the judge. Opening statements are expected April 28, 2026. Approximately 100 potential jurors from seven Bay Area counties, including Silicon Valley, were summoned. Voir dire allows unlimited "for cause" challenges for overt bias and four peremptory challenges per side.
• Phase 2 (Remedies): Judge Gonzalez Rogers will hear arguments on remedies and issue a final ruling, starting approximately May 18, 2026. The judge has expressed reservations about her authority to order some of Musk's requested structural remedies, such as unwinding the for-profit conversion.

Trial schedule: Monday–Friday, 8:30 a.m. to 1:40 p.m. PT, with two 20-minute breaks.

Key Evidence and Witnesses

The trial is expected to feature dramatic testimony and evidence, including:

• Greg Brockman's private diary entries, including a notation reading "can't see us turning this into a for-profit without a very nasty fight" and notes calling it "morally bankrupt" to "steal" the company from Musk, suggesting cofounders were not honest about their for-profit intentions.
• Communications and text messages involving figures like Mark Zuckerberg and Shivon Zilis (Musk's partner and Neuralink executive).
• Testimony from former OpenAI board members, including Tasha McCauley, who voted to fire Altman in November 2023, about what Musk's legal team calls a "toxic culture of lying" at OpenAI.
• Expert witness testimony from Dr. C. Paul Wazzan (damages expert), who calculated potential damages up to $134 billion — up to $109 billion from OpenAI and up to $25 billion from Microsoft — though this does not include punitive damages.
• Dr. Stuart Russell, UC Berkeley professor and AI safety authority, will testify that AI companies have strong incentives to pursue AGI despite safety risks, supporting Musk's argument about OpenAI's dangerous misalignment.
• A comprehensive pre-trial dossier of court filings was published on April 23, 2026, including evidence such as Brockman's diary entries and text messages involving Mark Zuckerberg and Shivon Zilis.
• Potential testimony from Microsoft CEO Satya Nadella regarding Microsoft's $1 billion investment and partnership.

OpenAI's Defense

OpenAI counters that Musk's lawsuit is a "harassment campaign" driven by "ego, jealousy and a desire to slow down a competitor," framing him as a disgruntled rival seeking to harm OpenAI through his competing xAI company. OpenAI has filed counterclaims alleging Musk's anti-competitive behavior, and has urged California and Delaware attorneys general to investigate.

Significance

The case represents one of the most consequential legal battles in AI industry history. A Musk victory could force OpenAI to abandon its for-profit structure and potentially unravel its partnership with Microsoft, reshaping the governance of one of the world's most valuable AI companies. An OpenAI victory would validate its for-profit transition but may still expose internal governance concerns through the public trial evidence.

The trial also has broader implications for AI industry governance, nonprofit-to-for-profit conversions, and the legal responsibilities of AI company founders to donors and the public interest.

See Also

• Musk v Altman et al — Full case page
• Cases — Active AI litigation tracker
• Nippon Life v OpenAI Foundation — OpenAI's unlicensed practice of law suit
• Doe v X.AI Corp — Another AI company defendant case (xAI)