Closing arguments conclude in Musk v. Altman, jury to deliberate next week

The Musk v. Altman trial reached a pivotal moment as closing arguments were presented in a federal courtroom in Oakland, California. Attorneys representing Elon Musk and OpenAI wrapped up their cases on Thursday, setting the stage for the jury's deliberation beginning Monday. The jury, comprised of nine members—six women and three men—will be tasked with making an advisory verdict, with the ultimate decision on liability resting with Judge Yvonne Gonzalez Rogers. "You must decide the case solely on the evidence before you," Judge Gonzalez Rogers instructed the jurors, emphasizing their oath to deliberate fairly. Elon Musk filed the lawsuit in 2024, targeting OpenAI, its CEO Sam Altman, and President Greg Brockman. He alleges that they deviated from their original commitment to maintain OpenAI as a nonprofit, claiming that his $38 million donation was misappropriated for commercial activities. Musk, a co-founder of OpenAI, argues that the organization failed to prioritize AI safety and transparency, accusing insiders of unjustly benefiting from his contributions. OpenAI's defense, presented by attorneys Sarah Eddy and William Savitt, countered Musk's assertions. They argued that no commitments regarding the corporate structure were made to Musk and that his donations were utilized appropriately. They also pointed out that Musk's lawsuit followed the launch of his rival AI venture, xAI, suggesting that his motivations were driven more by competition than concern for nonprofit integrity. "He never cared about the nonprofit structure," Eddy asserted. "What he cared about was winning." Microsoft, a key investor in OpenAI, is also a defendant in the case. Attorney Russell Cohen defended Microsoft's position, stating that the company had no involvement in any alleged misconduct. As deliberations commence, the trial will transition into its second phase, known as the remedies phase, where arguments regarding potential damages and further actions will be presented if liability is established. Musk is pursuing various outcomes, including the removal of Altman and Brockman from their positions and the reversal of a significant recapitalization that took place in 2025. His legal team has indicated that he could be entitled to damages up to $134 billion, labeling them as "wrongful gains," which they argue should be returned to OpenAI's foundation. Judge Gonzalez Rogers, who has presided over notable tech cases in the past, opted for an advisory jury in this instance, likely seeking community insight or protection in this high-profile matter. Throughout the proceedings, she maintained a firm yet friendly demeanor, directly addressing any misconduct from attorneys while engaging positively with jurors. As the trial progresses, all eyes are on the jury as they prepare to deliver their advisory verdict, which could have significant implications for the future of OpenAI and its leadership.