Key Takeaways
- Elon Musk has updated his legal complaint against OpenAI, requesting that all financial damages be directed to the organization’s charitable division instead of his personal accounts
- The lawsuit demands over $150 billion in financial damages from both OpenAI and its primary investor, Microsoft
- The filing calls for Sam Altman’s dismissal from OpenAI’s nonprofit board and Greg Brockman’s removal as a company officer
- The trial’s jury selection process is scheduled to commence on April 27 at a federal courthouse in Oakland, California
- OpenAI has characterized the legal action as “a harassment campaign driven by ego, jealousy and a desire to slow down a competitor”
The Tesla CEO filed a revised legal complaint against OpenAI this Tuesday, specifying that any awarded funds should be transferred to OpenAI’s nonprofit division rather than becoming his personal assets. The updated filing additionally requests judicial intervention to remove both CEO Sam Altman and President Greg Brockman from their current positions.
NEWS: Elon Musk amends OpenAI lawsuit to ask that any damages he may win be awarded to the OpenAI’s nonprofit arm and not to himself.
Additionally, he is seeking to have OpenAI CEO Sam Altman and President Greg Brockman removed from their roles as officers in the company.… pic.twitter.com/B5Y5aIsP8Z
— X Daily News (@xDaily) April 7, 2026
The legal dispute originated in 2024 when Musk initiated his lawsuit against OpenAI. His central allegation maintains that the organization misled him into contributing $38 million under the pretense that it would maintain its nonprofit status. Since then, OpenAI has undergone a corporate restructuring, transforming into a nonprofit entity that maintains a 26% ownership interest in its commercial operations.
The organizational history between Musk and OpenAI dates back to 2015 when he and Altman, along with several other partners, established the company. Musk departed from the organization in 2018 following an unsuccessful attempt to integrate it with Tesla. Subsequently, in 2023, he established xAI, a rival artificial intelligence venture that created the Grok conversational AI platform.
The current legal filing demands over $150 billion in financial compensation from both OpenAI and Microsoft, which serves as OpenAI’s principal financial backer. This figure represents an increase from the $134 billion maximum amount his legal representatives pursued in a January court document.
Marc Toberoff, representing Musk in this case, emphasized that his client “is not seeking a single dollar for himself.” According to Toberoff, the litigation’s primary objective is recovering assets allegedly misappropriated from a public charitable organization and ensuring accountability for those responsible.
Specific Court Remedies Requested by Musk
The legal team representing Musk has petitioned the court to compel both Altman and Brockman to surrender any ownership stakes or monetary advantages they’ve obtained, transferring them to OpenAI’s charitable division. The filing additionally seeks a court order requiring OpenAI to resume operations as a legitimate nonprofit organization.
“Removal of a charity’s officers and directors is a common remedy where those individuals fail to protect or carry out the charity’s public mission,” Musk’s legal team wrote in the Tuesday filing.
OpenAI responded swiftly to these allegations. Through a statement published on X, the company dismissed the lawsuit as “nothing more than a harassment campaign that is driven by ego, jealousy and a desire to slow down a competitor.” Microsoft has chosen not to provide public commentary on the matter.
Timeline Leading to Courtroom Proceedings
The jury selection phase is scheduled to commence on April 27 at a federal courthouse located in Oakland, California.
Earlier this week on Monday, OpenAI dispatched correspondence to the state attorneys general in both California and Delaware. The communication accused Musk of deliberately disseminating misleading information intended to damage OpenAI’s reputation in advance of the upcoming trial. The letter further claimed that Musk has been coordinating opposition efforts against the company in collaboration with Meta’s CEO, Mark Zuckerberg.
Toberoff called OpenAI’s letter a “desperate deflection,” saying a judge and jury will decide the case.
OpenAI’s current market valuation stands at $852 billion, with the company preparing for a public offering later this year. SpaceX, which completed an acquisition of xAI in February through a transaction that valued the merged organization at $1.25 trillion, has recently submitted confidential documentation to the SEC for what industry observers anticipate could be a historic initial public offering.
