Current status
Trial began Monday, April 27, 2026 in Judge Yvonne Gonzalez Rogers's Oakland courtroom. Nine jurors were seated the first day, and Elon Musk took the stand on the second and third days of trial. As of April 30, 2026, the case is on Day 4. Evidence is expected to run roughly three weeks; the parties have told the court they expect deliberations to wrap by May 21, 2026.
One critical mechanic to keep in mind: under Judge Gonzalez Rogers's March 31, 2026 equity-jurisdiction ruling, the jury's verdict on liability is advisory only. The judge will issue the binding decision herself. That ruling also barred punitive damages, leaving compensatory and equitable relief on the table.
Sources: Reuters, The New York Times, Bloomberg Law (subscription).
Damages math
Pretrial rulings that shaped the trial
Equity-jurisdiction order — punitives barred, jury advisory
Mar 31, 2026 · Gonzalez Rogers, J.Holding: The court determined that the breach-of-fiduciary-duty and unjust-enrichment claims sit in equity. As a result, the jury's verdict on liability is advisory, the judge will issue the binding decision, and punitive damages are not available.
Case proceeded to jury trial after motion-to-dismiss survival
Jan 7, 2026 · Gonzalez Rogers, J.Holding: The court allowed core claims to survive to trial, including allegations that Altman, Brockman, and OpenAI engaged in a scheme to convert OpenAI's nonprofit mission to for-profit benefit, with Microsoft alleged as a knowing recipient.
Witness list reported in court filings
Witnesses publicly identified across the parties' pretrial filings and reporting include:
- Elon Musk — testified Apr 28–29, 2026 (plaintiff's case in chief)
- Sam Altman — OpenAI CEO; expected adverse witness
- Greg Brockman — OpenAI co-founder; expected adverse witness
- Ilya Sutskever — OpenAI co-founder; expected witness
- Mira Murati — former OpenAI CTO; deposition central to Microsoft's "kept in the dark" defense
- Satya Nadella — Microsoft CEO; expected for the Microsoft defense
- Amy Hood — Microsoft CFO; expected for the Microsoft defense
- Kevin Scott — Microsoft CTO; expected for the Microsoft defense
- Stuart Russell — UC Berkeley AI scientist; reported as a Musk-side expert
Witness order is set by the parties and may shift day to day. Sources: GeekWire; New York Times trial coverage.
Day-by-day log
- Apr 27, 2026 · Day 1Jury selection — 9 jurors seatedVoir dire concluded with nine jurors empaneled in Oakland. Court reminded counsel that the jury's liability verdict is advisory under the March 31 equity-jurisdiction ruling.
- Apr 28, 2026 · Day 2Musk takes the standDirect examination of Elon Musk by lead trial counsel Steven Molo (MoloLamken LLP). Testimony covered Musk's early funding of OpenAI and the disputed promises around its nonprofit mission.
- Apr 29, 2026 · Day 3Cross-examination of MuskCross by OpenAI lead trial counsel William Savitt (Wachtell, Lipton, Rosen & Katz). Key exchanges focused on Musk's own AI ventures and the structure of OpenAI's capped-profit subsidiary.
- Apr 30, 2026 · Day 4Plaintiff's case continuesPlaintiff witnesses expected to follow Musk. Court is in session.
- Week of May 4, 2026OpenAI defense case (expected)Altman, Brockman, and Sutskever expected to testify. Reporting indicates Murati's deposition will be played for the Microsoft "kept-in-the-dark" defense.
- Week of May 11, 2026Microsoft defense case (expected)Nadella, Hood, and Scott expected to testify on Microsoft's deal structure and lack of insight into OpenAI's nonprofit-to-for-profit conversion.
- ~May 21, 2026Deliberations and verdict (target)Parties have indicated to the court they expect closings and deliberations by the week of May 18. The jury's verdict will be advisory; the binding decision rests with Judge Gonzalez Rogers.
Daily log updated from public reporting and court calendar entries. Schedule may shift.
Counsel of record
- Musk lead trial counsel
- Steven F. Molo — MoloLamken LLP
- OpenAI lead trial counsel
- William Savitt — Wachtell, Lipton, Rosen & Katz
- Microsoft trial counsel
- Reported as a team led from Microsoft's regular outside counsel; specific lead not yet on the public docket of trial appearances
Press coverage
- New York TimesMusk testifies on Day 2 of OpenAI trial
- ReutersJury selection begins in Musk v. OpenAI
- GeekWireWitness list and trial roadmap
- Local News MattersOakland courthouse coverage
- European Business MagazineDamages math and equity-jurisdiction analysis
FAQ
Is the jury's verdict binding?
No. Under Judge Gonzalez Rogers's March 31, 2026 ruling, the case proceeds in the court's equity jurisdiction. The jury's verdict on liability is advisory; the judge will issue the binding decision after the jury returns.
Can Musk recover punitive damages?
No. The same March 31, 2026 ruling that placed the case in equity also barred punitive damages. Compensatory and equitable relief remain available.
What is Microsoft's defense?
Reporting describes Microsoft's defense as a "kept in the dark" theory: that Microsoft was not party to the alleged scheme to convert OpenAI's nonprofit mission and did not have insight into the disputed governance changes. The deposition testimony of former OpenAI CTO Mira Murati is reported to be central to this defense.
How long is the trial expected to last?
The parties have told the court to expect roughly three weeks of evidence followed by deliberations, with closing arguments and jury deliberations during the week of May 18, 2026. Schedules can slip.