Key Takeaways
- Elon Musk revised his legal complaint against OpenAI, requesting all monetary awards be directed to the organization’s nonprofit division
- The amended filing demands more than $150 billion in damages from both OpenAI and Microsoft
- Musk’s legal team is pushing for Sam Altman’s removal from the nonprofit board and Greg Brockman’s dismissal as an officer
- Trial proceedings commence April 27 at federal court in Oakland, California
- OpenAI characterized the legal action as “a harassment campaign driven by ego, jealousy and a desire to slow down a competitor”
In a significant development Tuesday, Elon Musk updated his legal complaint against OpenAI, specifying that any financial recovery should be directed to the organization’s nonprofit division instead of his personal accounts. The revised filing also demands the removal of CEO Sam Altman and President Greg Brockman from their leadership 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 proceedings against OpenAI. His central allegation maintains that the organization misled him into contributing $38 million under false pretenses that it would maintain its nonprofit status. Since then, OpenAI has transformed its corporate structure into a nonprofit entity controlling a 26% ownership stake in its commercial division.
Both Musk and Altman were among the founding members who established OpenAI in 2015. Musk departed from the organization in 2018 following an unsuccessful attempt to integrate it with Tesla. By 2023, he had established xAI, a rival artificial intelligence venture that created the Grok chatbot platform.
The updated legal filing demands over $150 billion in compensation from both OpenAI and its primary financial backer, Microsoft. This represents an increase from the $134 billion his attorneys pursued in documents submitted this past January.
Marc Toberoff, representing Musk, emphasized that his client “is not seeking a single dollar for himself.” According to Toberoff, the primary objective centers on recovering assets misappropriated from a public charitable organization and ensuring accountability for responsible parties.
Specific Relief Requested in Court Filing
The legal team representing Musk is petitioning the court to compel both Altman and Brockman to surrender any equity holdings or financial compensation they’ve obtained to OpenAI‘s charitable division. Additionally, they’re seeking to restore OpenAI’s operations to genuine nonprofit status.
“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 the amended complaint. Through a statement posted 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 representatives declined to provide comment on the matter.
Trial Timeline and Pre-Trial Developments
The jury selection process is scheduled to commence April 27 at a federal courthouse in Oakland, California.
Prior to the trial start date, OpenAI dispatched correspondence Monday to the attorneys general serving California and Delaware. The communication accused Musk of disseminating misleading information intended to undermine OpenAI’s credibility before trial proceedings. The company further alleged that Musk collaborated with Meta CEO Mark Zuckerberg in orchestrating opposition against OpenAI.
Toberoff called OpenAI’s letter a “desperate deflection,” saying a judge and jury will decide the case.
OpenAI presently carries an $852 billion valuation and has signaled intentions to pursue a public offering this year. Meanwhile, SpaceX completed its acquisition of xAI in February through a transaction valuing the merged organization at $1.25 trillion, and has recently submitted confidential documentation to the SEC for what industry observers anticipate could be a historic initial public offering.
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