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OpenAI Calls Musk’s Late Remedies a Legal Ambush Ahead of April 27 Trial

The judge will first decide whether Musk’s late bid to reshape remedies can go to the jury.

Overview

  • Elon Musk revised his lawsuit earlier this week to seek the removal of CEO Sam Altman and President Greg Brockman, to unwind OpenAI’s for‑profit structure, and to direct any monetary recovery to the nonprofit parent.
  • OpenAI told the court the eleventh‑hour shift is a “legal ambush” that is legally improper and would force different evidence and witnesses than the case prepared to date.
  • A jury trial is scheduled for April 27 in Oakland, where the court has said Altman and Microsoft CEO Satya Nadella are expected to testify.
  • Key evidence includes the “Brockman Diaries,” with a 2017 handwritten note calling the nonprofit structure “a lie,” which Judge Yvonne Gonzalez Rogers has cited as important for trial.
  • Musk alleges he was misled into providing about $38 million in seed funding and says OpenAI evolved into a Microsoft‑aligned, for‑profit operation valued above $800 billion, a fight that could affect its reported IPO plans and set guidance for how charities spin out commercial arms.