The high-stakes Musk v. Altman trial concluded its third week on May 15, 2026, with lawyers for Elon Musk and OpenAI CEO Sam Altman trading accusations over credibility and governance. Musk is asking a California court to unwind OpenAI’s 2025 restructuring, remove Altman and president Greg Brockman, and award up to $134 billion in damages to OpenAI’s nonprofit. The jury will begin deliberations on May 18, with a non-binding verdict expected as early as next week 1.
Musk’s legal team, led by lawyer Steven Molo, argued that Altman and Brockman broke a promise to use Musk’s donations to maintain OpenAI as a nonprofit developing AI for humanity’s benefit. Instead, they created a for-profit subsidiary that enriched them personally. Molo presented evidence alleging Altman and Brockman prioritized financial gains over OpenAI’s original mission, citing internal documents and witness testimony 1.
OpenAI’s lawyer, Sarah Eddy, countered that Altman and Brockman never committed to keeping OpenAI a nonprofit. She emphasized that despite restructuring, OpenAI remains dedicated to safe AI development. Eddy also accused Musk of filing the lawsuit too late, suggesting his real motive is to undermine OpenAI as a competitor to his AI venture, xAI, launched in 2023 1.
The trial featured dramatic moments, including the display of a golden trophy shaped like a donkey’s rear, awarded to an OpenAI employee who stood up to Musk’s push for rapid AGI development. OpenAI presented the trophy as evidence of its commitment to AI safety, while Musk’s team dismissed it as a publicity stunt. Lawyers also showcased unflattering mugshot-style photos of Musk and Altman side by side during closing arguments 1.
Altman faced intense scrutiny over his credibility, with Musk’s lawyers highlighting allegations of lying and self-dealing in business dealings involving OpenAI. They referenced reports from The New Yorker and The Wall Street Journal that questioned Altman’s trustworthiness, including accusations of using OpenAI’s resources for personal gain. Altman denied the claims, calling them baseless and politically motivated 1.
Musk’s legal team framed him as a visionary who sought to ensure OpenAI’s mission remained altruistic. They argued that Altman and Brockman’s shift to a for-profit model betrayed Musk’s original vision and the public’s trust. Musk is seeking to reverse the 2025 restructuring that converted OpenAI’s subsidiary into a public benefit corporation, a move he claims was done without proper transparency 1.
The trial’s outcome could have significant implications for OpenAI’s planned IPO, which is targeting a valuation near $1 trillion. A ruling in Musk’s favor could force OpenAI to revert to its nonprofit structure, potentially delaying or derailing its public offering. Meanwhile, Musk’s xAI is preparing for its own IPO as part of SpaceX, with a target valuation of $1.75 trillion, according to Bloomberg 1.
The jury’s verdict, expected as early as next week, will be advisory only. The final decision rests with the judge, who will determine whether to uphold Musk’s claims or side with OpenAI. Legal experts suggest the case could set a precedent for how AI companies balance profit motives with their stated missions, particularly as AGI development accelerates 1.