Elon Musk has filed a lawsuit against Sam Altman over OpenAI's transition from its original non-profit foundation to a for-profit model [1]. A nine-person jury was seated on Monday, April 27, 2026, in Oakland to hear the case, with opening arguments scheduled for April 28 [1].
The trial's liability phase is expected to run for about three weeks. Afterward, the jury will issue an advisory opinion. The remedies phase will then be handled solely by the presiding judge [1].
OpenAI has faced recent setbacks, missing its own user growth and revenue targets. Some shareholders have begun questioning whether Sam Altman should maintain his role as CEO amid the company’s turbulence as it prepares to go public [1].
Meanwhile, Elon Musk is preparing a major initial public offering for SpaceX, which now includes his xAI venture. His reputation remains strong and widely recognized on Wall Street [1].
The case will continue through mid-May as the trial progresses and the jury deliberates on liability before moving into the remedies phase [1].