The world's richest person and the CEO of OpenAI face off in federal court today April 28, as opening arguments begin in what's being called the "AI trial of the century." Elon Musk is accusing Sam Altman of transforming a charity he funded into an $852 billion for-profit empire. He wants billions returned to OpenAI's nonprofit arm, Altman removed from leadership, and the entire company restructured.
Nine jurors were seated Monday, April 27, after five hours of questioning in Oakland's federal courthouse, where some prospective jurors called Musk a "greedy, racist, homophobic piece of garbage" and a "world-class jerk." Judge Yvonne Gonzalez Rogers pushed back, saying "the reality is that people don't like him" but was confident the selected jury would respect the judicial process. Both Musk and Altman are expected to testify over the next four weeks, along with Microsoft CEO Satya Nadella and OpenAI's top executives.
Here's everything you need to know about the ongoing Elon Musk vs Sam Altman trial
1. Only two legal claims remain, down from 26 original accusations
Musk originally filed 26 claims when he sued OpenAI, Altman, and president Greg Brockman on August 5, 2024. After a series of pre-trial rulings that went against Musk, only two survive: breach of charitable trust and unjust enrichment. Musk's lawyers dropped fraud and constructive fraud claims ahead of the trial to "streamline the case." Microsoft is also being sued for allegedly aiding and abetting the breach of charitable trust.
2. Musk is seeking up to $134 billion, but now wants it to go to charity, not himself
Musk's lawyers said in January he should receive up to $134 billion in "wrongful gains" from OpenAI. But in a strategic shift, Musk now says any money should be funneled back into OpenAI's charitable arm, not paid to him personally. The funds would come primarily from OpenAI's for-profit operations and Microsoft, which became the company's biggest investor after Musk cut off his funding in 2017. Musk invested approximately $38 million in OpenAI between December 2015 and May 2017.
Damilare Odedina
3. The jury is advisory only, the judge makes the final decision
Unlike most trials, the nine-person jury's verdict will be advisory. Judge Yvonne Gonzalez Rogers will make the final decision on both liability and remedies. The judge has divided the trial into two phases: a liability phase (happening now through May 21) to decide if wrongdoing occurred, and a remedies phase to determine damages and next steps. Rogers is known for running a tight courtroom. She's allocated exactly 22 hours each for Musk and OpenAI to present their entire cases, including witnesses and opening/closing statements. Microsoft gets five hours.
4. Musk wants Altman and Brockman fired and OpenAI returned to nonprofit status
Beyond money, Musk is seeking an injunction to remove Altman and Brockman from OpenAI leadership and unwind the company's recent restructuring. That restructuring, which occurred in 2025, cemented OpenAI's current structure as a nonprofit with a controlling stake in its for-profit subsidiary. The restructuring was approved by attorneys general in California and Delaware in October 2025. If the judge grants this remedy, it would radically alter one of the world's most valuable AI companies and potentially halt its planned IPO later this year.
5. Altman showed up for jury selection, an extremely rare move for a tech CEO
Both Altman and Brockman were in the Oakland courtroom Monday for jury selection, sitting in the front row behind the lawyers' tables. This is unusual. Tech executives rarely make courtroom appearances unless required to testify. Musk did not attend Monday's proceedings but is expected to testify during the trial. The courtroom appearances signal how seriously both sides are taking this case.
6. Musk called Altman "Scam Altman" and accused him of stealing a charity hours before trial began
The public feud continued right up until the courthouse doors opened. On Monday, Musk posted on X: "Scam Altman and Greg Stockman stole a charity. Full stop." OpenAI fired back on its newsroom account: "We can't wait to make our case in court where both the truth and the law are on our side. This lawsuit has always been a baseless and jealous bid to derail a competitor."
7. Musk boosted a New Yorker allegations report on Altman as opening arguments began
On Monday, Musk used X's paid "boost" feature to promote journalist Ronan Farrow's April 6 New Yorker investigation into Altman's allegedly deceptive behavior. The boosted post appeared in users' feeds, though there was no ad labeling. Musk also quoted the article, writing: "Calling him 'Scam' Altman is accurate. This is very much worth reading." This comes hours before opening arguments, which suggests a coordinated effort to shape public opinion during the trial.
Damilare Odedina
8. The core legal argument: Did Musk know OpenAI would become for-profit?
Musk alleges he was "assiduously manipulated" and "deceived" by Altman and Brockman with promises to "chart a safer, more open course than profit-driven tech giants." His lawyers claim OpenAI was founded as a charity to develop artificial general intelligence for humanity's benefit, not shareholder profit. OpenAI's defense is straightforward: Musk knew from early discussions that the company would need to become for-profit to access the computing power required for world-class AI. They argue Musk is rewriting history after losing a power struggle with Altman and leaving OpenAI's board in 2018.
9. Jurors admitted negative views of both Musk and AI, but were seated anyway
During jury selection, prospective jurors were questioned on their views of AI and the billionaires involved. Acoording to Business Insider, a registered nurse said AI "is just giving me more work to do" because she has to review errors in AI-processed patient records. One man who works in construction said "Elon doesn't care about people, just like our president. He cares about money."
Musk's attorney Steven Molo asked Judge Rogers to dismiss some of these jurors, including one who called Musk a "greedy, racist, homophobic piece of garbage" and another who wrote that Musk is a "world-class jerk." Rogers refused. "The reality is that people don't like him," Rogers said. "But that doesn't mean that Americans, nevertheless, can't have integrity for the judicial process."
10. Microsoft is a key defendant, and its CEO will testify
Microsoft CEO Satya Nadella is expected to testify and will likely face questions about internal emails revealed during discovery. Microsoft became OpenAI's largest investor after Musk withdrew funding, and the company has invested approximately $13 billion in OpenAI to date. Microsoft is being sued for aiding OpenAI's alleged breach of charitable trust.
11. The trial lands as both companies prepare historic IPOs
Musk is preparing to take SpaceX public in what's expected to be a record-breaking IPO, while OpenAI is gearing up for its own public offering later this year. The two companies combined are valued at over $2 trillion on the private market. A verdict against OpenAI could derail its IPO plans and trigger a massive restructuring just as it battles Anthropic and Google for AI market dominance. Wedbush analyst Dan Ives wrote Monday that while he expects "scrapes and bruises" rather than fatal damage to OpenAI, "it's Elon and never doubt him in these spots."
12. The trial could determine who controls artificial general intelligence
Beyond money and corporate structure, the trial centers on a fundamental question: who will control AGI (artificial general intelligence) when it arrives, and who profits from it. UCLA technology law professor Julia Powles told CBS News: "Both are arguing in this case that they have the public good at heart, that's essentially the core dispute. But what I think the evidentiary record shows is that both like to tell you what you want to hear." If Musk wins, it could slow or stop OpenAI's development of future models, potentially knocking one of the world's leading AI labs out of the race entirely.
Damilare Odedina
