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Musk vs. Altman Trial Reaches Jury in OpenAI Governance Dispute
The Elon Musk lawsuit against Sam Altman, Greg Brockman and OpenAI is now in the hands of an advisory jury in federal court in Oakland, California. The case centers on whether the company’s leaders breached the nonprofit mission established when it was founded in 2015. Up to $150 billion in potential damages, leadership changes and reversal of the company’s 2025 restructuring are at stake.
May 16, 5:47 AM·3m read1 source
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The jury in the Elon Musk et al. v. Sam Altman et al. case will begin deliberations on Monday at a federal courthouse in Oakland, California. The nine-person advisory jury is weighing whether Sam Altman and OpenAI president Greg Brockman betrayed the nonprofit mission of the company they co-founded with Musk in 2015.
Judge Yvonne Gonzalez Rogers will make the final decision. Musk co-founded OpenAI in 2015 as a nonprofit focused on developing AI for humanity’s benefit and donated approximately $38 million before leaving the board in February 2018. OpenAI later established a for-profit subsidiary, raised billions from Microsoft and others, and completed a full restructuring into a public benefit corporation in October 2025.
The company is now valued at $852 billion. Musk filed suit in 2024 alleging breach of charitable trust and unjust enrichment. His lawyers have argued he is entitled to up to $134 billion in damages or that any ill-gotten gains should be returned to the nonprofit.
OpenAI has responded that Musk is motivated by jealousy and a desire to derail a competing AI company.
Musk testified in the first week of the trial and described his donation as funding a charity for humanity’s benefit. He accused Altman and Brockman of stealing it and said the consequences of the case go far beyond him. Musk acknowledged he never fulfilled his $1 billion pledge to OpenAI, donating roughly $38 million in total.
Greg Brockman’s personal diary entries from 2017 were read in court. One entry questioned whether OpenAI wanted to bring Musk to control of AGI while another asked what would take him to $1 billion financially. Brockman’s stake in OpenAI is now worth approximately $30 billion.
