Nandini Roy Choudhury, writer
● BREAKING — April 28, 2026
TECH • ARTIFICIAL INTELLIGENCE • LEGAL
Musk vs Altman: The OpenAI Trial Begins Today — $134 Billion, ChatGPT’s Future and the Soul of AI All on the Line
Jury selection begins today, Monday April 28, in a federal courthouse in Oakland, California, in the most consequential tech trial in history. Elon Musk is suing Sam Altman, OpenAI and Microsoft for $134 billion, claiming he was deceived when the AI company he co-founded and funded abandoned its nonprofit mission to become a for-profit juggernaut now valued at $852 billion. Both Musk and Altman are expected to testify. OpenAI’s planned IPO, AI governance globally and the future of ChatGPT all hang in the balance.
April 28, 2026 • By World Affairs Desk, techsunnews.com • 13 min read • Updated 9:00 AM IST • Sources: NPR, CNBC, CNN, NBC News, ABC News, SF Standard, Benzinga
TRIAL DASHBOARD — Musk v. Altman, April 28, 2026
| Damages sought
$134B By Musk from OpenAI + Microsoft |
OpenAI valuation
$852B IPO planned Q4 2026 |
Trial length
4 weeks Ends mid-May 2026 |
Musk win odds
~45% Kalshi prediction market |
KEY POINTS
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In a federal courthouse in Oakland, California, just across San Francisco Bay from OpenAI’s headquarters, the most watched tech trial in history begins today. On one side: Elon Musk — the world’s richest person, CEO of Tesla and SpaceX, founder of xAI — who invested $44 million in OpenAI between 2015 and 2017 before a bitter falling-out left him on the outside of what became the most valuable AI company in history. On the other: Sam Altman — CEO of OpenAI, the 41-year-old who turned a scrappy nonprofit AI lab into an $852 billion juggernaut, gave the world ChatGPT, and is now planning one of the biggest IPOs in history. Between them: a question that goes far beyond money. Who gets to control the most powerful technology humanity has ever built?
Judge Yvonne Gonzalez Rogers — who has previously presided over the Epic Games vs Apple antitrust case — will oversee proceedings. Nine jurors will be seated with no alternates. Critically, the jury’s role is advisory only — Judge Rogers will make the final decision on liability herself, and will also solely determine any remedies if OpenAI is found liable. A remedies phase is scheduled to begin May 18.
“The perfidy and deceit are of Shakespearean proportions. Altman has been engaged in a long con.”
— Musk’s lawyers, court filing, November 2024
How two friends built OpenAI — and why Musk left
TIMELINE: From founding to trial
| Year | Event |
|---|---|
| 2015 | Musk, Altman and others co-found OpenAI as a nonprofit. Musk pledges $1B. Altman becomes president. |
| 2017 | Musk reportedly tries to take control of OpenAI, proposing a merger with Tesla. The board refuses. |
| 2018 | Musk leaves OpenAI’s board. OpenAI says it was to avoid conflicts with Tesla. Musk says he was pushed out. |
| 2019 | OpenAI creates a for-profit subsidiary. Microsoft invests $1 billion. Musk receives no equity. |
| 2022 | ChatGPT launches in November. Becomes fastest-growing consumer app in history. |
| 2023 | OpenAI fires Altman as CEO — then rehires him days later. Musk launches xAI as a rival. Microsoft invests $13 billion total. |
| 2024 | Musk files lawsuit against OpenAI, Altman, Brockman and Microsoft for $134 billion. |
| 2025 | OpenAI restructures as a fully for-profit company. Valuation hits $852 billion. |
| Apr 28, 2026 | Trial begins in Oakland. Jury selection day 1. Opening arguments expected Tuesday. |
The founding of OpenAI in 2015 was a genuine meeting of like-minded individuals. Musk, Altman, Greg Brockman, Ilya Sutskever and a handful of other AI researchers shared a common fear: that if artificial general intelligence — AI smarter than any human — was developed by a single profit-driven company, it could be catastrophic for humanity. The nonprofit structure was the solution. Musk was the biggest individual backer, contributing approximately $38 million between December 2015 and May 2017. But by 2017, a power struggle was underway. Musk reportedly pushed for a merger with Tesla and sought greater personal control. The board refused. He left in 2018.
What happened next changed everything. In 2019, OpenAI’s leadership decided the nonprofit structure couldn’t raise the billions needed to compete on compute and chips with Google, Amazon and Microsoft. They created a for-profit subsidiary — still technically controlled by the nonprofit foundation but effectively operating as a commercial company. Microsoft invested $1 billion to kickstart the structure. Musk received no equity. He asserts he was never told this was coming. OpenAI stated that sy he was part of the discussions. That dispute is now before a jury.
What Musk is claiming — and what OpenAI says back
| Musk’s argument | OpenAI’s counter |
|---|---|
| He was promised OpenAI would remain nonprofit forever | Musk knew a for-profit was necessary and was involved in discussions |
| The 2019 for-profit conversion was illegal and breached charitable trust | The conversion was legal and approved by the nonprofit board |
| He was cut out of billions in value he helped create | He stopped funding OpenAI in 2018 — his own choice |
| Altman and Brockman enriched themselves at charity’s expense | Musk’s suit is driven by jealousy and desire to kneecap a rival |
| Microsoft aided and abetted the breach of charitable trust | Microsoft’s investment was legitimate and public |
“Scam Altman lies as easily as he breathes.”
— Elon Musk, post on X, August 2025
“Really excited to get Elon under oath in a few months. Christmas in April!”
— Sam Altman, post on X, February 2026
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What’s at stake — five massive consequences if Musk wins
This is not just a business dispute. Analyst Dan Ives of Wedbush called it a “tech soap opera that all investors will be watching.” But the consequences of a Musk victory go far beyond Wall Street drama:
IF MUSK WINS — 5 THINGS THAT CHANGE IMMEDIATELY
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The juicy details — Burning Man, ketamine and a $44M personal diary
No tech trial generates gossip quite like Musk v. Altman. Court filings have already unsealed Brockman’s personal notes in which he mused about wanting to become a billionaire, and a 2016 email where Musk told Altman that OpenAI should work with Microsoft rather than Amazon because he considered Jeff Bezos to be “a bit of a tool.”
Judge Rogers has ruled that Musk cannot be asked about his suspected ketamine use during the trial. But she is allowing questioning about his attendance at Burning Man 2017 — a “free-wheeling celebration known for widespread drug use,” as ABC News described it — and his personal relationship with former OpenAI board member Shivon Zilis, the mother of several of Musk’s children. Altman, for his part, has compared himself to J. Robert Oppenheimer, inventor of the nuclear bomb. Both men are expected to face pointed cross-examination that will reveal details the public has never heard before.
Microsoft’s role — why Satya Nadella is also on the witness list
Microsoft is a co-defendant in the trial, accused of aiding and abetting OpenAI’s alleged breach of charitable trust. Microsoft has invested a total of $13 billion in OpenAI since 2019 and integrated OpenAI’s models across its product suite, from Bing to Azure to Office 365 Copilot. Microsoft’s attorneys get five hours to present their case — compared to 20 hours each for Musk and OpenAI. CEO Satya Nadella is expected to testify, making this the first time the Microsoft chief has given sworn public testimony in a major tech case since the US government’s antitrust case against Microsoft in the 1990s.
Frequently asked questions (People Also Ask)
What is the Musk vs Altman OpenAI trial about?
Elon Musk is suing Sam Altman, OpenAI, its president Greg Brockman and Microsoft for $134 billion. Musk sates he was deceived when OpenAI converted from a nonprofit to a for-profit company in 2019, betraying its founding mission to develop AI for humanity’s benefit. He wants $134 billion returned to the nonprofit, Altman and Brockman removed and the for-profit structure unwound.
Where and when is the trial happening?
The trial is being held at the US District Court for the Northern District of California in Oakland, California. Jury selection begins Monday April 28, 2026. Opening arguments are expected Tuesday. The trial is scheduled to last four weeks, with a potential remedies phase beginning May 18 if OpenAI is found liable. Judge Yvonne Gonzalez Rogers is presiding.
Who will testify in the Musk vs Altman trial?
Both Elon Musk and Sam Altman are expected to testify. Other witnesses include Microsoft CEO Satya Nadella, OpenAI President Greg Brockman and OpenAI co-founder Ilya Sutskever. Musk could take the stand as early as Tuesday depending on how the plaintiff sequences witnesses. Both Musk and Altman will face pointed cross-examination.
What happens if Musk wins?
If Musk wins: Altman and Brockman could be removed as CEOs; OpenAI could be forced to reverse its for-profit structure; up to $134 billion could be returned to OpenAI’s charitable arm; and OpenAI’s planned IPO — expected later in 2026 at a valuation of up to $1 trillion — could collapse or be indefinitely delayed. Musk’s xAI would be positioned as the major beneficiary.
What are the odds Musk wins the trial?
Prediction market Kalshi put the odds of Musk winning at nearly 45% as of Monday morning — nearly a coin-flip. Legal analysts note the jury’s role is purely advisory; Judge Rogers will make the final decision herself. The remaining four claims — unjust enrichment, fraud, constructive fraud and breach of charitable trust — each carry different standards of proof.
Why is this trial important for AI globally?
This trial will set a precedent for how AI companies can structure themselves, who controls them and whether founding promises about AI safety can be legally enforced. If a judge can force a $852 billion AI company back to nonprofit status, it fundamentally changes how future AI labs will be built, funded and governed. For India — which has dozens of AI startups structuring themselves right now — the precedent from this trial will influence regulation and governance frameworks for the next decade.
What happens next — follow the trial this week
Today — jury selection. Tomorrow — opening arguments from both sides. By Wednesday, the first witnesses may take the stand. Musk himself could testify as early as Tuesday. Every day this week will bring new revelations from court filings, leaked emails and live testimony from the biggest names in tech. Bookmark techsunnews.com and follow our daily trial updates as they unfold. The verdict — expected in mid-May — will reshape the AI industry regardless of which side wins.
SOURCES — 8 verified global news portals
1. NPR — Musk vs Altman: Tech CEOs head to court over the fate of OpenAI (April 27, 2026)
2. CNBC — Musk v. Altman heads to court: what’s at stake (April 24, 2026)
3. CNN Business — Elon Musk and Sam Altman are about to face off in court (April 27, 2026)
4. NBC News — What’s at stake in the Elon Musk-Sam Altman trial (April 27, 2026)
6. SF Standard — Musk vs Altman: The AI trial of the century comes to Oakland (April 24, 2026)
7. Yahoo Finance — Elon Musk, Sam Altman OpenAI trial begins in Oakland (April 28, 2026)
8. Benzinga — Musk vs OpenAI: Kalshi Traders Push Odds to 45% as Trial Date Approaches
| DISCLAIMER: This article is based on 8 verified global news sources as of April 28, 2026, 9:00 AM IST. The trial is ongoing — facts, witness order and legal positions may change daily. Prediction market odds from Kalshi are market-based estimates, not legal forecasts. This article does not constitute investment or legal advice. |
