One of the biggest trials in tech is entering its final stretch.
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Elon Musk’s lawsuit against Sam Altman and OpenAI has a handful of key witnesses before both sides make their closing arguments, which could come as soon as this week. OpenAI cofounder and former executive Ilya Sutskever, Microsoft CEO Satya Nadella, and Altman himself are all expected to testify.
BI’s Jacob Shamsian has a fantastic breakdown on the lead-up to the case and what’s at stake. (Jacob also has a fun interview with Altman’s attorney, William Savitt.)
At a high level, Musk, an OpenAI cofounder, claims Altman and OpenAI president Greg Brockman deceived him in their efforts to turn the AI startup into a for-profit entity. OpenAI says this is Musk’s way of slowing it down as he pushes his own AI startup, xAI, to catch up.
BI’s Katherine Li has been in person at the Oakland courtroom throughout the trial. She talked about what it’s like getting a front-row seat to two tech titans facing off.
The testimonies and evidence have offered a look inside one of the most important startups in the world. And beyond management styles and personal text messages, there have also been some great revelations.
BI’s legal reporters and editors broke some of the most eye-popping tidbits we’ve learned since the trial kicked off.
A few big questions remain as we enter the final phase of the trial.
Which side will benefit from Ilya Sutskever’s testimony? The OpenAI cofounder and former chief scientist is one of the most interesting players in the trial. Sutskever has a complicated relationship with Altman. He led the charge in 2023 to get him out of the company, only to quickly reverse course and push for Altman’s reinstatement.
Still, Sutskever left OpenAI six months after the failed Altman ouster. In an October 2025 trial deposition, he said he hasn’t spoken to Altman in over a year. Since leaving OpenAI, he started an AI research lab focused on risks in an AI-driven future. Concerns about Altman’s dedication to safety have been a key point of attack for Musk’s lawyers.
Can Sam Altman change the narrative? Questions about Altman’s trustworthiness have dogged him for years. It was a key point raised during his failed ouster, and has resurfaced recently in the wake of a deep dive by The New Yorker. Altman’s trustworthiness is also core to Musk’s case.
Altman previously said he’s happy the lawsuit is going to trial so he can “explain all this to the world and have this chapter behind us.” What will that look like once he gets on the stand and, most importantly, is cross-examined? Plenty of people already have their minds made up about Altman one way or the other, but his testimony could swing wider public opinion.
What does the aftermath look like? Since it’s a civil lawsuit, there is no “guilty” verdict. The jurors determine if the defendants (Altman, Brockman, and OpenAI) are liable and how Musk should be compensated.
If found liable, Judge Yvonne Gonzalez Rogers will make the final call on remedies. Musk has already floated plenty of ideas, including switching OpenAI back to a nonprofit and getting rid of Altman, but Gonzalez Rogers has a history of calling her own shots and not being easily influenced.
So even if Musk “wins,” he still might not get what he wants.
