- Courtroom recesses for a 20-minute break
- Musk’s lawyer poses three inquiries to jury
- Technical difficulties briefly pause opening assertion
- ‘With out Elon Musk, there can be no OpenAI’: Lawyer
- Musk’s lawyer offers opening assertion, asks jurors to put aside opinions of Tesla CEO
- Choose is strolling the jury by means of case, fundamental court docket know-how
- Listed below are the 2 claims that will likely be argued within the trial
- Musk, Altman and Brockman are contained in the courtroom
- Choose Gonzalez Rogers cut up the trial into two components. This is the way it’s structured
- Lengthy traces exterior the Oakland courthouse
- What’s Musk asking for?
- This is what to anticipate on Tuesday
- Musk and Altman spar forward of court docket as trial enters its second day
- OpenAI reportedly fails to fulfill income targets forward of highly-anticipated IPO
- OpenAI’s new association with Microsoft arrived as trial started
- Who’s Choose Yvonne Gonzalez Rogers?
- From co-founders to a feud: How a decade modified issues
- Trial kicked off with jury choice on Monday
Courtroom recesses for a 20-minute break
Musk’s lawyer simply concluded his opening assertion, and Gonzalez Rogers ordered the court docket to recess for 20 minutes.
When the proceedings resume, it will likely be time for a lawyer representing OpenAI, Altman and Brockman to current their opening arguments.
Altman continues to be within the courtroom, and he is typing on his telephone. Musk is seated at a desk with a few of his attorneys. Brockman left the room.
— Ashley Capoot
Musk’s lawyer poses three inquiries to jury
Molo asks the jury to maintain three questions in thoughts all through the trial.
“First: Did OpenAI have a charitable mission to function as a non-profit, to develop secure AI, open supply, for the great of humanity?”
Second: “Did Altman and Brockman violate that mission by means of what they’ve achieved with the for-profit enterprise?”
And third: “Did Microsoft know concerning the charitable mission and considerably help Altman and Brockman in breaching it?”
– Jeffrey Kopp
Technical difficulties briefly pause opening assertion
As Molo was presenting his opening arguments, his microphone and the display the place he has been exhibiting photographs went down.
“What can I inform you? We’re funded by the federal authorities,” Gonzalez Rogers joked, which was met with laughter within the courtroom.
Proceedings are again underway.
— Ashley Capoot
‘With out Elon Musk, there can be no OpenAI’: Lawyer
Elon Musk, chief government officer of Tesla Inc., arrives at federal court docket in Oakland, California, US, on Tuesday, April 28, 2026.
David Paul Morris | Bloomberg | Getty Photographs
Molo says Musk offered the monetary backing and imaginative and prescient that set the stage for OpenAI’s success.
“With out Elon Musk, there can be no OpenAI, pure and easy,” he says.
Musk’s efforts included hiring and coaching main AI scientists and contributing $38 million in early funding to the corporate, Molo says.
— Samantha Subin
Musk’s lawyer offers opening assertion, asks jurors to put aside opinions of Tesla CEO
Elon Musk’s lawyer Steven Molo enters court docket on the Ronald V. Dellums Federal Constructing on April 28, 2026 in Oakland, California.
Benjamin Fanjoy | Getty Photographs
Musk’s lead trial lawyer, Steven Molo, is delivering his group’s opening assertion to the jury. Molo is urging jurors to put aside any preconceived opinions they’ve concerning the Tesla CEO.
“Everyone appears to know Mr. Musk and have an opinion of Mr. Musk,” he says. “Not all people’s opinion is nice, not all people’s is dangerous.”
Molo argues that the case is being determined for the “good thing about mankind as an entire,” moderately than monetary acquire. He additionally known as Musk a “legend within the tech world,” briefly pertaining to Musk’s upbringing and enterprise ventures, resembling SpaceX and Tesla.
— Samantha Subin
Choose is strolling the jury by means of case, fundamental court docket know-how
Choose Gonzalez Rogers is strolling the 9 jurors by means of fundamental court docket know-how.
“Something you may even see or hear when we’re not in session is just not proof… you’re to resolve solely on the proof acquired,” she mentioned.
Gonzalez Rogers instructed jurors to keep in mind a number of components, together with the witnesses’ reminiscence, bias, and interst within the final result of the case.
— Samantha Subin
Listed below are the 2 claims that will likely be argued within the trial
Of the 26 claims that Musk asserted in his 2024 lawsuit, solely two stay: breach of charitable belief and unjust enrichment.
For the belief declare, Musk’s attorneys will argue that the roughly $38 million he donated to OpenAI shaped a charitable belief that required the corporate to stay a nonprofit in perpetuity.
For the unjust enrichment declare, Musk’s attorneys will attempt to show that OpenAI, Altman and Brockman used these contributions for unauthorized industrial functions.
— Ashley Capoot
Musk, Altman and Brockman are contained in the courtroom
Elon Musk arrives to court docket for his lawsuit towards OpenAI on the Ronald V. Dellums Federal Constructing on April 28, 2026 in Oakland, California.
Benjamin Fanjoy | Getty Photographs
I simply took my seat contained in the courtroom. Musk, Altman and Brockman are right here for the proceedings, and all three of them are sporting swimsuit and tie.
Opening arguments will kick off shortly.
— Ashley Capoot
Choose Gonzalez Rogers cut up the trial into two components. This is the way it’s structured
Gonzalez Rogers divided the trial into two components: a legal responsibility part and a treatments part.
In the course of the legal responsibility part, Gonzalez Rogers will decide whether or not OpenAI, Altman and Brockman are at fault. The jury will weigh in throughout this part solely, and its verdict will likely be advisory, which suggests Gonzalez Rogers will make the ultimate choice.
If the legal responsibility part is determined in Musk’s favor, the trial will proceed to the treatments part. Gonzalez Rogers will hear arguments about what the suitable penalties and subsequent steps ought to be. Jurors won’t take part on this part, so they will not hear any dialogue about treatments.
— Ashley Capoot
Lengthy traces exterior the Oakland courthouse
Lengthy line of press, attorneys and members of the general public ready to get inside for the Musk v. Altman trial on April twenty eighth, 2026.
Ashley Capoot | CNBC
There’s a lengthy line of press, attorneys and members of the general public ready to get contained in the federal courthouse earlier than opening arguments start.
– Ashley Capoot
What’s Musk asking for?
Elon Musk, CEO of SpaceX and Tesla, attends the Viva Expertise convention on the Porte de Versailles exhibition middle in Paris on June 16, 2023.
Gonzalo Fuentes | Reuters
Musk has sought a number of completely different treatments since he filed his lawsuit in 2024. Most lately, he is requested for Altman and Brockman to be faraway from their roles at OpenAI. He is additionally requested Gonzalez Rogers to unwind the corporate’s October recapitalization, which solidified its construction as a nonprofit with a controlling stake in its for-profit enterprise.
In a January submitting, Musk’s attorneys mentioned he ought to obtain as much as $134 billion value of “wrongful features.” He has since requested to funnel “all ill-gotten features” again into the OpenAI charity.
The jury won’t hear any dialogue about Musk’s desired outcomes throughout the trial. Gonzalez Rogers will hear arguments about treatments if OpenAI, Altman and Brockman are discovered liable.
— Ashley Capoot
This is what to anticipate on Tuesday
Opening arguments will start at present. Attorneys for each events may have time to current an summary of their case to the jury.
The court docket will likely be in session from 8:30 a.m. PT to 1:40 p.m. PT, Gonzalez Rogers mentioned Monday. If opening arguments conclude earlier than then, Musk’s attorneys might name their first witness to the stand to testify.
It isn’t but recognized who that witness can be, however each events submitted their witness lists again in February. Musk’s attorneys named Musk, Brockman, Microsoft CEO Satya Nadella and various different executives and researchers.
— Ashley Capoot
Musk and Altman spar forward of court docket as trial enters its second day
CNBC’s Kate Rooney experiences on the most recent information forward of the second day of the trial, with Elon Musk anticipated to take the witness stand.
OpenAI reportedly fails to fulfill income targets forward of highly-anticipated IPO
Hours after the primary day of trial wrapped up, the Wall Avenue Journal reported that OpenAI is falling in need of inside income and consumer progress targets because it eyes an preliminary public providing later this 12 months.
The report raises considerations concerning the firm’s means to assist spending plans for its large AI datacenter buildout, which is tied to know-how giants resembling Oracle and Nvidia. Shares of chip corporations are decrease on Tuesday following the report, dragging down the Nasdaq Composite.
OpenAI lately closed a large $122 billion funding spherical at a $852 billion valuation.
— Samantha Subin
OpenAI’s new association with Microsoft arrived as trial started
Microsoft CEO Satya Nadella, proper, speaks as OpenAI CEO Sam Altman seems to be on throughout the OpenAI DevDay occasion in San Francisco on Nov. 6, 2023.
Justin Sullivan | Getty Photographs
As court docket proceedings had been getting set to start on Monday, OpenAI introduced a brand new wrinkle to its longtime relationship with key investor Microsoft.
As a part of a revamped deal, OpenAI can cap the quantity of income it shares with Microsoft in terms of ChatGPT — and different — subscriptions. It is going to additionally be capable of serve its merchandise throughout any cloud supplier.
The settlement is the most recent signal that the 2 corporations are going their very own method. In 2024, Microsoft began calling OpenAI a competitor in its monetary filings, and the 2 frenemies have since discovered themselves battling in varied areas.
— Ari Levy
Who’s Choose Yvonne Gonzalez Rogers?
Choose Yvonne Gonzalez Rogers, district choose of the US District Courtroom for the Northern District of California, attends a panel dialogue on the annual American Bar Affiliation (ABA) Antitrust Spring Assembly in Washington, DC, on April 2, 2025.
Drew Angerer | Afp | Getty Photographs
Gonzalez Rogers was appointed by former President Barack Obama to U.S. District Courtroom for the Northern District of California in 2011.
She has overseen a number of high-profile lawsuits involving know-how corporations, together with the 2021 antitrust case between Epic Video games and Apple.
Throughout jury choice on Monday, Gonzalez Rogers was agency and made it clear that she intends to stay to a schedule. She cracked a couple of jokes, seemingly in an effort to make potential jurors really feel extra snug.
Gonzalez Rogers received her undergraduate diploma from Princeton College in 1987, and her regulation diploma from the College of Texas in 1991.
—Ashley Capoot
From co-founders to a feud: How a decade modified issues
Elon Musk and Sam Altman converse onstage in October 2015 on the Vainness Honest New Institution Summit in San Francisco, California.
Michael Kovac | Getty Photographs Leisure | Getty Photographs
Musk and Altman had been shut mates once they had been amongst a bunch of techies who began OpenAI in 2015 as a nonprofit lab, “to advance digital intelligence in the way in which that’s probably to profit humanity as an entire, unconstrained by a must generate monetary return.”
Three years later, Musk was out, after a failed effort to accumulate OpenAI at his electrical automobile firm Tesla. Then, in late 2022, OpenAI launched ChatGPT, and the commercialization race was on. Already backed by Microsoft, OpenAI raised tens of billions of {dollars} at valuations which have stretched far into the a whole bunch of billions.
Musk, for his half, based xAI in 2023 to try to construct a competitor to OpenAI, earlier than suing Altman and the lab he helped begin the following 12 months.
For the reason that swimsuit was filed, the 2 sides have been engaged in a bitter and public confrontation, with Musk referring to his ex-friend as “Rip-off Altman,” and Altman posting in February that he was, “Actually excited to get Elon underneath oath in a couple of months, Christmas in April!”
— Ari Levy
Trial kicked off with jury choice on Monday
Elon Musk waves to the group throughout the 56th annual World Financial Discussion board (WEF) assembly in Davos, Switzerland, January 22, 2026.
Denis Balibouse | Reuters
9 jurors had been seated for the trial after a number of hours of questioning on Monday.
Gonzalez Rogers and attorneys for each events requested potential jurors about their views on AI, Altman and Musk. Many mentioned they weren’t acquainted with OpenAI or its executives however expressed dislike for Musk, significantly due to his political actions.
Musk spent greater than $250 million to assist President Donald Trump win the 2024 election. He additionally served a chaotic stint as the pinnacle of the Division of Authorities Effectivity, or DOGE, which aimed to dramatically slash authorities waste and spending.
“The fact is individuals do not like him,” Gonzalez Rogers mentioned throughout the proceedings on Monday. She mentioned she is assured that the jurors who had been seated will respect the judicial course of and the info of the case.
— Ashley Capoot
