TLDR
- OpenAI warned investors and banking partners that Elon Musk may make “deliberately outlandish” claims as his lawsuit against the company goes to trial in April 2026
- Musk co-founded OpenAI in 2015, left the board in 2018, and filed the lawsuit in 2024 claiming he was deceived about the company’s for-profit shift
- The lawsuit alleges Musk is owed billions for his intellectual property contributions based on his initial donations to the nonprofit
- OpenAI stated it has “strong defenses” and believes the case is worth no more than the $38 million Musk originally donated
- A U.S. District Judge ruled in January 2026 that the case will proceed to trial after being filed in August 2024
OpenAI sent a letter to investors and banking partners on January 15, 2026, preparing them for what it expects will be inflammatory statements from Elon Musk. The AI company’s lawsuit heads to trial in April 2026. The letter represents OpenAI’s attempt to manage investor concerns ahead of the public court battle.
The lawsuit between Elon Musk and OpenAI is surfacing some pretty interesting evidence:
OpenAI's Greg Brockman: "It'd be wrong to steal the non-profit from him. to convert to a b-corp without him. that'd be pretty morally bankrupt. and he's really not an idiot." Days later,… https://t.co/Eicz1EAEDc pic.twitter.com/22nF73g62p
— Sawyer Merritt (@SawyerMerritt) January 16, 2026
Musk co-founded OpenAI in 2015 as a nonprofit research organization. He worked alongside several other researchers and executives, including current CEO Sam Altman. The company started as a research lab focused on developing artificial intelligence.
Musk left OpenAI’s board in 2018. He filed his lawsuit against the company in 2024. The lawsuit came years after his departure from the organization.
The lawsuit alleges that Musk was deceived about OpenAI’s transformation. He claims he was manipulated as the company explored converting to a for-profit entity. The complaint mentions an “opaque web of for-profit OpenAI affiliates” that includes the partnership with Microsoft.
Financial Stakes and Legal Arguments
Musk argues he is owed compensation for intellectual property developed from his contributions. The potential value could amount to billions of dollars. His original donation to OpenAI totaled $38 million.
OpenAI has raised billions from venture capitalists over the years. The company’s valuation recently reached $500 billion. This makes the lawsuit a high-stakes matter for investors.
In its letter to stakeholders, OpenAI said it has “strong defenses” in the case. The company expressed confidence about winning at trial. OpenAI believes the case is worth no more than Musk’s original $38 million donation, though it acknowledged this is not guaranteed.
The letter stated that OpenAI expects Musk to make claims not “grounded in reality.” The company described these as “typical of the harassment tactics he’s previously deployed.” OpenAI called the lawsuit “baseless and without merit.”
U.S. District Judge Yvonne Gonzalez Rogers ruled earlier in January 2026 that the case will proceed to trial. Musk filed the lawsuit in August 2024 in the U.S. District Court in the Northern District of California. The trial is scheduled for April 2026.
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