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Elon Musk’s Case Against OpenAI Opens With Jury Selection in Oakland

The judge split the case into two phases, with any remedy decided after an advisory verdict.

Overview

  • The case, which starts with jury selection Monday in Oakland, tests whether OpenAI’s shift from a nonprofit lab to a profit-seeking structure breached its charitable duties.
  • After pretrial rulings and Musk’s late move to drop fraud counts, the jury will hear only claims of breach of charitable trust and unjust enrichment.
  • Judge Yvonne Gonzalez Rogers split the trial into separate liability and remedy phases and will make the final decision with the jury serving only in an advisory role.
  • Musk says he will not take any money for himself and is seeking disgorgement from OpenAI’s for-profit arm to its nonprofit parent along with the ouster of Sam Altman and Greg Brockman.
  • High-profile witnesses are expected, including Musk, Altman and possibly Microsoft CEO Satya Nadella, in a case that could reshape OpenAI’s governance and its path to a public listing.