{"id":20304,"date":"2026-04-28T16:17:12","date_gmt":"2026-04-28T16:17:12","guid":{"rendered":"https:\/\/www.europesays.com\/ai\/20304\/"},"modified":"2026-04-28T16:17:12","modified_gmt":"2026-04-28T16:17:12","slug":"openai-lawsuit-updates-elon-musk-v-sam-altman-trial","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ai\/20304\/","title":{"rendered":"OpenAI lawsuit updates: Elon Musk v. Sam Altman trial"},"content":{"rendered":"<p>Judge is walking the jury through case, basic court know-how<\/p>\n<p>Judge Gonzalez Rogers is walking the nine jurors through basic court know-how.<\/p>\n<p>&#8220;Anything you may see or hear when we are not in session is not evidence\u2026 you are to decide solely on the evidence received,&#8221; she said. <\/p>\n<p>Gonzalez Rogers told jurors to take into account several factors, including the witnesses&#8217; memory, bias, and interst in the outcome of the case.<\/p>\n<p>\u2014 Samantha Subin<\/p>\n<p>Here are the two claims that will be argued in the trial<\/p>\n<p>Of the 26 claims that Musk asserted in his 2024 lawsuit, only two remain: breach of charitable trust and unjust enrichment.<\/p>\n<p>For the trust claim, Musk&#8217;s lawyers will argue that the roughly $38 million he donated to OpenAI formed a charitable trust that required the company to remain a nonprofit in perpetuity. <\/p>\n<p>For the unjust enrichment claim, Musk&#8217;s attorneys will try to prove that OpenAI, Altman and Brockman used those contributions for unauthorized commercial purposes.<\/p>\n<p>\u2014 Ashley Capoot<\/p>\n<p>Musk, Altman and Brockman are inside the courtroom<\/p>\n<p>Elon Musk arrives to court for his lawsuit against OpenAI at the Ronald V. Dellums Federal Building on April 28, 2026 in Oakland, California.<\/p>\n<p>Benjamin Fanjoy | Getty Images<\/p>\n<p>I just took my seat inside the courtroom. Musk, Altman and Brockman are here for the proceedings, and all three of them are wearing suit and tie. <\/p>\n<p>Opening arguments will kick off shortly. <\/p>\n<p>\u2014 Ashley Capoot <\/p>\n<p>Judge Gonzalez Rogers split the trial into two parts. Here&#8217;s how it&#8217;s structured<\/p>\n<p>Gonzalez Rogers divided the trial into two parts: a liability phase and a remedies phase.<\/p>\n<p>During the liability section, Gonzalez Rogers will determine whether OpenAI, Altman and Brockman are at fault. The jury will weigh in during this phase only, and its verdict will be advisory, which means Gonzalez Rogers will make the final decision. <\/p>\n<p>If the liability phase is decided in Musk&#8217;s favor, the trial will proceed to the remedies phase. Gonzalez Rogers will hear arguments about what the appropriate consequences and next steps should be. Jurors will not participate in this phase, so they won&#8217;t hear any discussion about remedies.\u00a0<\/p>\n<p>\u2014 Ashley Capoot<\/p>\n<p>Long lines outside the Oakland courthouse<\/p>\n<p>Long line of press, lawyers and members of the public waiting to get inside for the Musk v. Altman trial on April 28th, 2026.<\/p>\n<p>Ashley Capoot | CNBC<\/p>\n<p>There is a long line of press, lawyers and members of the public waiting to get inside the federal courthouse before opening arguments begin.<\/p>\n<p>\u2013 Ashley Capoot<\/p>\n<p>What is Musk asking for?<\/p>\n<p>Elon Musk, CEO of SpaceX and Tesla, attends the Viva Technology conference at the Porte de Versailles exhibition center in Paris on June 16, 2023.<\/p>\n<p>Gonzalo Fuentes | Reuters<\/p>\n<p>Musk has sought several different remedies since he filed his lawsuit in 2024. Most recently, he&#8217;s asked for Altman and Brockman to be <a href=\"https:\/\/www.cnbc.com\/2026\/04\/07\/elon-musk-seeks-ouster-of-openai-ceo-sam-altman-as-part-of-lawsuit.html\" rel=\"nofollow noopener\" target=\"_blank\">removed from their roles<\/a> at OpenAI. He&#8217;s also asked Gonzalez Rogers to unwind the company&#8217;s <a href=\"https:\/\/www.cnbc.com\/2025\/10\/28\/open-ai-for-profit-microsoft.html\" rel=\"nofollow noopener\" target=\"_blank\">October recapitalization<\/a>, which solidified its structure as a nonprofit with a controlling stake in its for-profit business.\u00a0<\/p>\n<p>In <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cand.433688\/gov.uscourts.cand.433688.392.0_2.pdf\" target=\"_blank\" rel=\"nofollow noopener\">a January filing<\/a>, Musk&#8217;s lawyers said he should receive up to $134 billion worth of &#8220;wrongful gains.&#8221; He has since asked to funnel &#8220;all ill-gotten gains&#8221; back into the OpenAI charity.\u00a0<\/p>\n<p>The jury will not hear any discussion about Musk&#8217;s desired outcomes during the trial. Gonzalez Rogers will hear arguments about remedies if OpenAI, Altman and Brockman are found liable.\u00a0<\/p>\n<p>\u2014 Ashley Capoot<\/p>\n<p>Here&#8217;s what to expect on Tuesday<\/p>\n<p>Opening arguments will begin today. Attorneys for both parties will have time to present an overview of their case to the jury.\u00a0<\/p>\n<p>The court will be in session from 8:30 a.m. PT to 1:40 p.m. PT, Gonzalez Rogers said Monday. If opening arguments conclude before then, Musk&#8217;s lawyers could call their first witness to the stand to testify.<\/p>\n<p>It is not yet known who that witness would be, but both parties submitted their <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cand.433688\/gov.uscourts.cand.433688.431.0.pdf\" target=\"_blank\" rel=\"nofollow noopener\">witness lists<\/a> back in February. Musk&#8217;s attorneys named Musk, Brockman, Microsoft CEO Satya Nadella and a number of other executives and researchers.<\/p>\n<p>\u2014 Ashley Capoot<\/p>\n<p>Musk and Altman spar ahead of court as trial enters its second day<img decoding=\"async\" class=\"InlineVideo-videoThumbnail\" src=\"https:\/\/www.europesays.com\/ai\/wp-content\/uploads\/2026\/04\/108298291-1777382396385-1777382270-45568074003-hd.jpg\" alt=\"Elon Musk and Sam Altman spar ahead of court as trial enters its second day\"\/><\/p>\n<p>CNBC&#8217;s <a href=\"https:\/\/www.cnbc.com\/kate-rooney\/\" rel=\"nofollow noopener\" target=\"_blank\">Kate Rooney<\/a> reports on the latest news ahead of the second day of the trial, with Elon Musk expected to take the witness stand.<\/p>\n<p>OpenAI reportedly fails to meet revenue targets ahead of highly-anticipated IPO<\/p>\n<p>Hours after the first day of trial wrapped up, the Wall Street Journal <a href=\"https:\/\/www.wsj.com\/tech\/ai\/openai-misses-key-revenue-user-targets-in-high-stakes-sprint-toward-ipo-94a95273\" target=\"_blank\" rel=\"nofollow noopener\">reported<\/a> that OpenAI is <a href=\"https:\/\/www.cnbc.com\/2026\/04\/28\/openais-revenue-growth-estimates-fall-short-report.html\" rel=\"nofollow noopener\" target=\"_blank\">falling short<\/a> of internal revenue and user growth goals as it eyes an initial public offering later this year. <\/p>\n<p>The report raises concerns about the company&#8217;s ability to support spending plans for its massive AI datacenter buildout, which is tied to technology giants such as <a href=\"https:\/\/www.cnbc.com\/quotes\/ORCL\/\" rel=\"nofollow noopener\" target=\"_blank\">Oracle<\/a> and <a href=\"https:\/\/www.cnbc.com\/quotes\/NVDA\/\" rel=\"nofollow noopener\" target=\"_blank\">Nvidia<\/a>. Shares of chip companies are lower on Tuesday following the report, <a href=\"https:\/\/www.cnbc.com\/2026\/04\/27\/stock-market-today-live-updates.html\" rel=\"nofollow noopener\" target=\"_blank\">dragging down<\/a> the <a href=\"https:\/\/www.cnbc.com\/quotes\/.IXIC\/\" rel=\"nofollow noopener\" target=\"_blank\">Nasdaq Composite.<\/a><\/p>\n<p>OpenAI recently <a href=\"https:\/\/www.cnbc.com\/2026\/03\/31\/openai-funding-round-ipo.html\" rel=\"nofollow noopener\" target=\"_blank\">closed<\/a> a massive $122 billion funding round at a $852 billion valuation. <\/p>\n<p>\u2014 Samantha Subin<\/p>\n<p>OpenAI&#8217;s new arrangement with Microsoft arrived as trial began<\/p>\n<p>Microsoft CEO Satya Nadella, right, speaks as OpenAI CEO Sam Altman looks on during the OpenAI DevDay event in San Francisco on Nov. 6, 2023.<\/p>\n<p>Justin Sullivan | Getty Images<\/p>\n<p>As court proceedings were getting set to begin on Monday, OpenAI announced a new wrinkle to its longtime relationship with key investor Microsoft. <\/p>\n<p>As part of a revamped deal, OpenAI can <a href=\"https:\/\/www.cnbc.com\/2026\/04\/27\/openai-microsoft-partnership-revenue-cap.html\" rel=\"nofollow noopener\" target=\"_blank\">cap the amount of revenue<\/a> it shares with Microsoft when it comes to ChatGPT \u2014 and other \u2014 subscriptions. It will also be able to serve its products across any cloud provider.\u00a0<\/p>\n<p>The agreement is the latest sign that the two companies are going their own way. In 2024, Microsoft <a href=\"https:\/\/www.cnbc.com\/2024\/07\/31\/microsoft-says-openai-is-now-a-competitor-in-ai-and-search.html\" rel=\"nofollow noopener\" target=\"_blank\">started calling<\/a> OpenAI a competitor in its financial filings, and the two frenemies have since found themselves battling in various areas. <\/p>\n<p>\u2014 Ari Levy<\/p>\n<p>Who is Judge Yvonne Gonzalez Rogers?<\/p>\n<p>Judge Yvonne Gonzalez Rogers, district judge of the US District Court for the Northern District of California, attends a panel discussion at the annual American Bar Association (ABA) Antitrust Spring Meeting in Washington, DC, on April 2, 2025. <\/p>\n<p>Drew Angerer | Afp | Getty Images<\/p>\n<p><a href=\"https:\/\/cand.uscourts.gov\/judges\/ygr\/gonzalez-rogers-yvonne\" target=\"_blank\" rel=\"nofollow noopener\">Gonzalez Rogers<\/a> was appointed by former <a href=\"https:\/\/www.cnbc.com\/barack-obama\/\" rel=\"nofollow noopener\" target=\"_blank\">President Barack Obama<\/a> to U.S. District Court for the Northern District of California in 2011.\u00a0<\/p>\n<p>She has overseen several high-profile lawsuits involving technology companies, including the 2021 <a href=\"https:\/\/www.cnbc.com\/2021\/09\/10\/epic-games-v-apple-judge-reaches-decision-.html\" rel=\"nofollow noopener\" target=\"_blank\">antitrust case<\/a> between Epic Games and <a href=\"https:\/\/www.cnbc.com\/quotes\/AAPL\/\" rel=\"nofollow noopener\" target=\"_blank\">Apple<\/a>.\u00a0<\/p>\n<p>During jury selection on Monday, Gonzalez Rogers was firm and made it clear that she intends to stick to a schedule. She cracked a few jokes, seemingly in an effort to make prospective jurors feel more comfortable.<\/p>\n<p>Gonzalez Rogers got her undergraduate degree from Princeton University in 1987, and her law degree from the University of Texas in 1991.<\/p>\n<p>\u2014Ashley Capoot<\/p>\n<p>From co-founders to a feud: How a decade changed things<\/p>\n<p>Elon Musk and Sam Altman speak onstage in October 2015 at the Vanity Fair New Establishment Summit in San Francisco, California.<\/p>\n<p>Michael Kovac | Getty Images Entertainment | Getty Images<\/p>\n<p>Musk and Altman were close friends when they were among a group of techies who <a href=\"https:\/\/openai.com\/index\/introducing-openai\/\" target=\"_blank\" rel=\"nofollow noopener\">started OpenAI<\/a> in 2015 as a nonprofit lab, &#8220;to advance digital intelligence in the way that is most likely to benefit humanity as a whole, unconstrained by a need to generate financial return.&#8221;\u00a0<\/p>\n<p>Three years later, Musk was out, after a failed effort to acquire OpenAI at his electric vehicle company <a href=\"https:\/\/www.cnbc.com\/quotes\/TSLA\/\" rel=\"nofollow noopener\" target=\"_blank\">Tesla<\/a>. Then, in late 2022, OpenAI launched ChatGPT, and the commercialization race was on. Already backed by <a href=\"https:\/\/www.cnbc.com\/quotes\/MSFT\/\" rel=\"nofollow noopener\" target=\"_blank\">Microsoft<\/a>, OpenAI raised tens of billions of dollars at valuations that have stretched far into the hundreds of billions. <\/p>\n<p>Musk, for his part, founded xAI in 2023 to try and build a competitor to OpenAI, before suing Altman and the lab he helped start the next year. <\/p>\n<p>Since the suit was filed, the two sides have been engaged in a bitter and public war of words, with Musk <a href=\"https:\/\/x.com\/elonmusk\/status\/2048801964457140540\" target=\"_blank\" rel=\"nofollow\">referring<\/a> to his ex-friend as &#8220;Scam Altman,&#8221; and Altman <a href=\"https:\/\/x.com\/search?q=elon%20(from%3Asama)&amp;src=typed_query&amp;f=live\" target=\"_blank\" rel=\"nofollow\">posting<\/a> in February that he was, &#8220;Really excited to get Elon under oath in a few months, Christmas in April!&#8221;<\/p>\n<p>\u2014 Ari Levy<\/p>\n<p>Trial kicked off with jury selection on Monday<\/p>\n<p>Elon Musk waves to the crowd during the 56th annual World Economic Forum (WEF) meeting in Davos, Switzerland, January 22, 2026. <\/p>\n<p>Denis Balibouse | Reuters<\/p>\n<p><a href=\"https:\/\/www.cnbc.com\/2026\/04\/27\/musk-altman-trial-openai-jury-selection.html\" rel=\"nofollow noopener\" target=\"_blank\">Nine jurors were seated<\/a> for the trial after several hours of questioning on Monday.<\/p>\n<p>Gonzalez Rogers and lawyers for both parties <a href=\"https:\/\/www.cnbc.com\/2026\/04\/27\/musk-altman-trial-openai-jury-selection.html\" rel=\"nofollow noopener\" target=\"_blank\">asked prospective jurors<\/a> about their views on AI, Altman and Musk. Many said they were not familiar with OpenAI or its executives but expressed dislike for Musk, particularly because of his political activities.\u00a0<\/p>\n<p>Musk spent more than <a href=\"https:\/\/www.cnbc.com\/2025\/05\/20\/elon-musk-campaign-spending-trump.html\" rel=\"nofollow noopener\" target=\"_blank\">$250 million<\/a> to help President Donald Trump win the 2024 election.\u00a0He also served a chaotic stint as <a href=\"https:\/\/www.cnbc.com\/2025\/04\/30\/elon-musk-trump-cabinet-doge-tesla.html\" rel=\"nofollow noopener\" target=\"_blank\">the head of the Department of Government Efficiency<\/a>, or DOGE, which aimed to dramatically slash government waste and spending.\u00a0<\/p>\n<p>&#8220;The reality is people don&#8217;t like him,&#8221; Gonzalez Rogers said during the proceedings on Monday. She said she is confident that the jurors who were seated will respect the judicial process and the facts of the case.<\/p>\n<p>\u2014 Ashley Capoot<\/p>\n","protected":false},"excerpt":{"rendered":"Judge is walking the jury through case, basic court know-how Judge Gonzalez Rogers is walking the nine jurors&hellip;\n","protected":false},"author":2,"featured_media":20305,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[24,25,339,133,148,970,1302,140,223,4339,7602,340,146,5933,14323,5976,370,969,2806,134,836,11580],"class_list":{"0":"post-20304","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-ai","8":"tag-ai","9":"tag-artificial-intelligence","10":"tag-breaking-news-business","11":"tag-breaking-news-technology","12":"tag-business-news","13":"tag-california","14":"tag-courts","15":"tag-elon-musk","16":"tag-generative-ai","17":"tag-laws","18":"tag-lawsuits","19":"tag-media","20":"tag-microsoft-corp","21":"tag-new-jersey","22":"tag-nonprofit-business-and-finance","23":"tag-oakland","24":"tag-sam-altman","25":"tag-san-francisco","26":"tag-satya-nadella","27":"tag-technology","28":"tag-tesla-inc","29":"tag-trials"},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/posts\/20304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/comments?post=20304"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/posts\/20304\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/media\/20305"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/media?parent=20304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/categories?post=20304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/tags?post=20304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}