News-Musk-v-Altman-Trial-Day-5-2026
May 1–2, 2026 — The federal judge overseeing Musk v Altman et al sharply criticized Elon Musk's lead attorney Marc Toberoff on May 1 for eliciting what the judge described as "waste of time" trial testimony regarding Musk's $97.4 billion OpenAI acquisition bid. The judge warned Toberoff that he "shouldn't throw young lawyers under the bus" after Toberoff initially failed to promptly acknowledge his role in directing the line of questioning.[1]
New Evidence Exhibits Released May 1
While the court was not in session on May 1, additional evidence exhibits were publicly released, including:
- Emails from 2015 detailing the founding of OpenAI and early tensions between Musk, Sam Altman, and Greg Brockman
- Tesla Model 3 receipts confirming donated Founder Series vehicles to OpenAI team members
- Correspondence involving Valve president Gabe Newell and game designer Hideo Kojima[2]
Judge's Criticism of Toberoff
The presiding judge in the Northern District of California paused proceedings to directly question Toberoff about the $97.4 billion bid testimony. When Toberoff initially deflected responsibility, the judge stated the attorney "shouldn't throw young lawyers under the bus" and demanded a direct acknowledgment. The exchange marked one of the more tense moments in the bench trial with advisory jury.[1]
Musk Cross-Examination
Earlier in the week, Musk testified that his AI startup xAI had trained its Grok model on OpenAI outputs. During cross-examination by OpenAI attorney William Savitt, Musk sparred over his motivations for founding OpenAI and his 2018 departure. The trial centers on whether OpenAI's conversion from a nonprofit to a for-profit entity violated its founding charter.[3]
Trial Resumes May 2
The bench trial with advisory jury is expected to resume on Friday, May 2, 2026. The case is one of the most closely watched AI governance trials, with implications for how AI companies structured as nonprofits can transition to for-profit entities.