Who are the lawyers representing Elon Musk, OpenAI and Microsoft?

2 hours ago 3

Cade MetzMike Isaac

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Opening a blockbuster trial that could reshape the artificial intelligence race, Elon Musk’s legal team argued on Tuesday that the tech mogul’s case against OpenAI was a moral issue for Mr. Musk, rather than a corporate strategic move to kneecap a rival.

Steven Molo, Mr. Musk’s lead counsel, told the jury that OpenAI was created “for the benefit of all mankind,” at the opening of a trial that centers on how one of the tech industry’s most important companies was founded as a nonprofit before morphing into a commercial entity.

“No one should be allowed to steal a charity,” Mr. Molo said. “To steal a charity is absolutely wrong.”

Mr. Musk, Sam Altman and other A.I. researchers founded OpenAI as a nonprofit in 2015, vowing to freely share its technology with the rest of the world. But Mr. Musk left the start-up in 2018 after a power struggle with Mr. Altman — and before the public launch of ChatGPT in 2022 catapulted OpenAI to commercial success.

Mr. Musk sued OpenAI in 2024, claiming that the nonprofit he funded with his own large donations took advantage of his financial resources. He also argued that OpenAI breached its founding agreement by putting commercial interests over the public good.

OpenAI’s lead counsel, William Savitt, said in his opening remarks that “We’re here because Mr. Musk didn’t get his way at OpenAI.” He said the original OpenAI nonprofit continues to oversee the for-profit company, and was working to redistribute billions of dollars generated by the for-profit operation.

Mr. Musk is asking for more than $150 billion in damages from OpenAI and Microsoft, OpenAI’s primary partner. He is also asking the court to remove Mr. Altman from the start-up’s board and stop a shift the company recently made to operate as a for-profit company.

The trial’s outcome could upend the A.I. landscape. OpenAI, which has emerged as one of the most important tech companies in the world, could be hobbled just as it appears to be heading toward one of the biggest initial public offerings in history. A win for Mr. Musk, who has his own for-profit lab, xAI, would also be a win for OpenAI’s competitors, from industry giants like Google to young companies like Anthropic, as well as international competitors such as China’s DeepSeek.

If Mr. Musk loses, Mr. Altman will likely solidify control of a company that has become synonymous with corporate dysfunction. And OpenAI, which is now valued at about $730 billion, will be free to pursue a data center expansion plan that could cost hundreds of billions of dollars.

(The New York Times has sued OpenAI and Microsoft, claiming copyright infringement of news content related to A.I. systems. The two companies have denied the suit’s claims.)

Here’s what to know:

  • High-profile witnesses: Mr. Musk, Mr. Altman and several other key industry figures, including Microsoft’s chief executive, Satya Nadella, and Mira Murati, OpenAI’s former chief technology officer, are slated to testify in the trial.

  • Trial logistics: The trial is set to run for about four weeks before a nine-person jury at the federal courthouse in Oakland, Calif. If the jury rules in Mr. Musk’s favor, Judge Yvonne Gonzalez Rogers — who also oversaw a high-profile lawsuit against Apple over its control of the App Store — will decide on monetary damages and other remedies.

  • The stakes: Mr. Musk’s suit demands more than $150 billion in damages from OpenAI and Microsoft. In a recent court filing, he amended his complaint to ask that these damages be shared with the OpenAI nonprofit. He also seeks to remove Mr. Altman from the OpenAI board of directors and unwind the shift that OpenAI recently made to a more traditional for-profit company.

  • Musk’s posting: At the beginning of the trial, Judge Gonzalez Rogers called Mr. Musk to the bench to discuss whether there should be a gag order preventing him from posting on social media about the trial. “How can we get things done without you making things worse outside the courtroom?” she asked. The judge asked him — and Mr. Altman — to start with a “clean slate” and “keep things to a minimum” on social media. They all agreed.

Cade Metz

William Savitt, OpenAI’s lead counsel, also wanted the jury to know that the original OpenAI nonprofit continues to oversee the for-profit company. The nonprofit is working to redistribute billions of dollars generated by the for-profit operation, he added.

“OpenAI’s nonprofit foundation remains in control of the organization,” he said. “It is doing leading edge work to cure diseases and promote economic diversity.”

Mike Isaac

Ari Emanuel, the Hollywood superagent and Musk’s friend, has taken a seat in the benches behind Musk’s team.

Emanuel has staunchly supported Musk during the suit. Last year, Emanuel joined a group of investors led by Musk attempting to buy the assets of the nonprofit that controls OpenAI. The bid was soundly rejected by Altman.

Mike Isaac

Despite what Musk’s counsel argued, the lawsuit brought by the billionaire is far from an altruistic endeavor, according to Savitt.

“We’re here because Mr. Musk didn’t get his way at OpenAI,” Savitt said.

Cade Metz

OpenAI’s lead counsel, William Savitt, has started his opening statement. He previously represented Twitter, now X, in its legal battle against Elon Musk when the billionaire tried to withdraw from his $44 billion acquisition of the social media company.

Cade Metz

OpenAI’s team is led by William Savitt, a partner with the law firm Wachtell, Lipton, Rosen & Katz, and Elon Musk’s case was launched by Marc Toberoff, of the law firm Toberoff and Associates.Jason Henry for The New York Times

When the trial kicks off with opening statements on Tuesday, three legal teams will be gathered in the Oakland federal courthouse.

Elon Musk is being represented by Marc Toberoff, of the law firm Toberoff and Associates, who was previously known for suits involving copyright and entertainment. Over a career spanning decades, he has represented writers, filmmakers and other rights holders against several major Hollywood studios, including Warner Bros. and Disney.

Steven Molo, of the law firm MoloLamken, is also part of Mr. Musk’s legal team. Mr. Molo, who specializes in business litigation, led the Musk team during jury selection on Monday.

OpenAI’s team is led by William Savitt, a partner with the law firm Wachtell, Lipton, Rosen & Katz. Mr. Savitt represented Twitter, now X, in its legal battle against Mr. Musk when he tried to withdraw from his $44 billion acquisition of the company.

Microsoft, OpenAI’s biggest partner, which is also named in Mr. Musk’s lawsuit, is represented by Russell P. Cohen, a partner with the law firm Dechert who specializes in antitrust. In his suit, Mr. Musk made various antitrust claims against OpenAI and Microsoft.

Those antitrust claims will not be addressed during the first stage of the trial, which is slated to run for about four weeks. Judge Yvonne Gonzalez Rogers, who is overseeing the trial, has indicated that a second stage focused on the antitrust claims may not happen.

Theodore Schleifer

An irony of Team Musk’s argument is that he has, over the years, been very dismissive of traditional charity. The world’s richest person regularly argues on X and in interviews that charitable efforts are often ineffective or even riddled with fraud. His own record of giving is meager, especially compared to his astronomical net worth. The real way to achieve social impact, Musk often says, is through for-profit ventures.

Cade Metz

Steven Molo, Musk’s lead counsel, just finished his opening arguments.

“No one should be allowed to steal a charity. To steal a charity is absolutely wrong,” Molo told the jury.

Cade Metz

Molo has been trying to head off the arguments from OpenAI’s lawyers before they happen. Molo acknowledged that Altman does not have a stake in OpenAI — a fact that could undermine Musk’s claim that Altman unjustly enriched himself through the nonprofit.

But Altman enriched himself through various companies that do business with OpenAI, Molo argued. Altman also has said he might take equity in OpenAI in the future, Molo added.

Cade Metz

Steven Molo, Musk’s lead counsel, has acknowledged a key issue in the case. Like Altman and the other founders of the OpenAI nonprofit, Musk wanted to attach a for-profit company to the charitable organization, he said. But Musk always wanted the nonprofit to maintain strict control over the for-profit entity, Molo said.

“The concept was that Elon would have control over the for-profit subsidiary, but the importance of this subsidiary would be diminished over time,” Molo said. Musk merely saw the move as a way to raise money in the short term.

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Credit...Brennan Smart for The New York Times

Ryan Mac

After launching numerous broadsides against OpenAI and its leader, Sam Altman, on Monday, Elon Musk has gone quiet on his X account this morning. He hasn’t posted for about 10 hours, which is rare for him these days.

Mike Isaac

Molo, Musk’s lawyer, is underscoring just how concerned Musk was about the potential for A.I. harms. Years ago, Molo said Musk held a meeting with former President Barack Obama to warn him about the risks of A.I. The government failed to act, Molo said.

Musk’s attorneys are trying to convince jurors that this is an existential and moral issue for Musk, rather than a corporate strategic move to kneecap a rival.

Mike Isaac

Molo, Musk’s lead counsel, sets the stakes, saying OpenAI was founded “for the benefit of all mankind.” He also broached the subject of Musk’s reputation.

“Everyone seems to know Mr. Musk and everyone seems to have an opinion about Mr. Musk. Not every opinion is good, not every opinion is bad,” Molo added.

Musk stood, nodded a few times to the jury, and then sat again. It’s clear Musk’s lawyers are showing off his fame for the room.

Mike Isaac

While many of the issues central to this trial are well-known to tech industry insiders, many of the terms and longstanding issues concerning artificial intelligence are far from common knowledge.

Musk’s lead counsel, Steven Molo, has spelled out some basic terms for the jury, including artificial general intelligence, or the emergence of an all-powerful A.I. machine.

Cade Metz

Musk’s lead counsel, Steven Molo, has started his opening statement. Molo, who specializes in business litigation, began by saying that A.I. should be built for the benefit of humanity, not for the benefit of Sam Altman and Greg Brockman, the president of OpenAI. He accused the two executives of breaching the mission of the nonprofit they founded as they sought financial gain.

Mike Isaac

Judge Yvonne Gonzalez Rogers is summarizing the case to the jury.

Jason Kwon, OpenAI’s chief strategy officer, is here and monitoring the trial from the back of the courtroom. Kwon has been with OpenAI for five years — long before the company went through its explosive growth in 2022 following the public launch of ChatGPT — and is one of Sam Altman’s trusted lieutenants. Kwon has been actively rebutting Elon Musk’s attacks on social media throughout the progression of the lawsuit.

Cade Metz

The judge has called Musk to the bench to discuss whether there should be a gag order preventing him from posting on social media about the trial.

“How can we get things done without you making things worse outside the courtroom?” she asked.

Musk said he was just responding to things OpenAI had said online. The judge asked him — and Altman — to start with a “clean slate” and “keep things to a minimum” on social media. They all agreed.

Cade Metz

After walking into the courtroom, Elon Musk sat down at the same table as his legal team and whispered to one of his lawyers, before turning his attention to his laptop. Like yesterday during jury selection, Sam Altman is seated on a bench behind the OpenAI lawyers. Musk has his back to them.

Tripp Mickle

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Anti-data center signage is displayed outside Bart and Amy Snyder’s farm in Wolcott, Ind. The Snyders have filed a lawsuit seeking to stop the planned construction of an A.I. data center next door to their property.Credit...Luke Sharrett for The New York Times

When Michael Grayston, an evangelical pastor in Austin, Texas, heard that a friend’s relationship with an artificial intelligence companion had nearly destroyed a marriage, he saw a moral danger that needed to be addressed.

When Jack Gardner, a Boise, Idaho, musician, discovered A.I. had made songs with copyrighted music, he and his wife, Cathryn, an elementary school band teacher, started a local group to call for A.I. legislation.

And when Bart and Amy Snyder, farmers in Wolcott, Ind., learned that a data center was going to be built 300 yards from their home, they worried it would drain local aquifers and started a campaign to unseat three county officials who had supported it.

Though none of them had been politically active before, they became part of a growing national movement that pits the tech industry and its billionaires against a diverse coalition of parent groups, religious leaders, environmentalists and former Tea Party activists. Politically they range from the populist firebrand Stephen K. Bannon to Bernie Sanders, the progressive senator from Vermont.

The reasons they are pushing back against the technology are as varied as their backgrounds. But they all worry that tech companies are more focused on cashing in on A.I. than how it may affect regular people. They also share a sense that all that money will flow into the hands of Silicon Valley’s ultrawealthy, while the middle and working classes shoulder the costs.

Many of these A.I. critics say they are far from being Luddites just having a bad reaction to new, scary technology. They believe that people in Washington, especially President Trump, are protecting Silicon Valley rather than reeling it in. They want regulation — or at least a debate before A.I. becomes entrenched in American life.

“Given A.I. and robotics are going to impact every man, woman and child in this country, one might think that there’d be a massive debate in the United States Congress: What does it mean? Where do we go? How do we deal with it?” Mr. Sanders said in an interview with The New York Times. “There has been minimal, minimal discussion.”

A White House spokesman, Davis Ingle, said in a statement that “it is the policy of the Trump administration to sustain American A.I. dominance to protect our national security and ensure we remain the world’s leading economy.”

The White House’s policy framework for A.I., which was issued last month, calls on A.I. services to protect children. This year, Mr. Trump also issued a proclamation that said tech companies “must pay for the full cost of the energy and infrastructure needed to build and operate data centers.”

Cade Metz

Elon Musk just arrived, after coming up through the basement like Altman. He could testify today following opening statements. A gaggle of photographers rushed to the front doors of the courthouse to snap shots through the glass.

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Credit...Brennan Smart for The New York Times

Cade Metz

OpenAI’s chief executive, Sam Altman, walked through the metal detectors inside the Oakland federal courthouse, after arriving through the basement. For security reasons, he and other OpenAI executives are not using the front doors of the building alongside the many lawyers, jurors and reporters.

Ryan Mac

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Elon Musk on his phone during President Trump’s joint address to Congress at the U.S. Capitol last year.Credit...Kenny Holston/The New York Times

Before opening statements began in the trial between Elon Musk and OpenAI on Tuesday, the world’s richest man was already making his case on X, the social media platform he owns.

Mr. Musk went on the attack, posting more than two dozen times on Monday about OpenAI; its chief executive, Sam Altman; and the trial. Mr. Musk, who was one of the founders of OpenAI but left in 2018, pushed a narrative to his nearly 240 million followers that he had helped create the artificial intelligence lab to save humanity, but that OpenAI had lost its way after becoming a for-profit company.

“Scam Altman and Greg Stockman stole a charity,” Mr. Musk posted at one point, using pointed nicknames for Mr. Altman and Greg Brockman, the president of OpenAI. “Greg got tens of billions of stock for himself and Scam got dozens of OpenAI side deals with a piece of the action for himself.”

(The New York Times has sued OpenAI and its partner, Microsoft, accusing them of copyright infringement of news content related to A.I. systems. OpenAI and Microsoft have denied those claims.)

Mr. Musk has long used the platform formerly known as Twitter to shape public opinion around presidential elections, global politics and other issues. In March, he posted on X about another trial, a case in which he had been accused of misleading investors when he bought Twitter in 2022. Mr. Musk tried casting doubts about the case, but a jury eventually found him partly liable for investors’ losses in the deal.

His posts on X are unlikely to affect the jury in his trial against OpenAI, given that jurors are typically instructed to avoid news and social media. But that has rarely stopped Mr. Musk from drumming up conversations on X that reinforce his point of view.

“The main difference between Elon Musk and Sam Altman: Elon Musk actually changes the world for the better and saves lives,” read one post that Mr. Musk reposted on Monday. “Sam Altman? He mostly just takes.”

Some X users on Monday reported seeing a weeks-old post in their timelines featuring a New Yorker article critical of Mr. Altman. X had labeled the post as “boosted” by Mr. Musk’s account, according to some of those users, which suggests the tech billionaire may have promoted the post. Mr. Musk has made a slew of changes to X to favor his interests, including slowing or restricting access to certain news outlets and competing platforms, and banning some reporters.

Mr. Musk and an X representative did not respond to requests for comment. OpenAI did not immediately respond to a request for comment.

On Tuesday, Judge Yvonne Gonzalez Rogers of the U.S. District Court for the Northern District of California, who is presiding over the case, called Mr. Musk to the bench to discuss whether there should be a gag order preventing him from posting to social media about the trial.

“How can we get things done without you making things worse outside the courtroom?” she asked.

After Mr. Musk said he was just responding to things OpenAI had said online, the judge asked him — and Mr. Altman and Mr. Brockman — to start with a “clean slate” and “keep things to a minimum” on social media. They all agreed.

Cade Metz contributed reporting.

Cade Metz

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Elon Musk is asking for more than $150 billion in damages from OpenAI and Microsoft, OpenAI’s primary partner.Credit...Eric Lee/The New York Times

The trial will kick off with an opening statement by Elon Musk’s lawyers.

Mr. Musk and Sam Altman in 2015 founded a nonprofit they called OpenAI, which would go on to start the global artificial intelligence boom with the release of ChatGPT.

But by the time OpenAI’s chatbot was created, Mr. Musk had left the organization after a power struggle with Mr. Altman and others at the lab. He sued OpenAI in 2024, claiming that Mr. Altman took advantage of his financial resources and breached the lab’s founding agreement by putting commercial interests over the public good.

Mr. Musk is asking for more than $150 billion in damages from OpenAI and Microsoft, OpenAI’s primary partner. He is also asking the court to remove Mr. Altman from OpenAI’s board and unravel a shift the company recently made to operate as a for-profit company overseen by the original nonprofit.

Mr. Musk argues in his suit that OpenAI — now worth an estimated $730 billion — has abandoned its humanitarian mission in favor of monetary gain. OpenAI says that’s nonsense.

Mr. Musk also tried to recast OpenAI as a commercial enterprise before he left in 2018, according to emails filed as evidence ahead of the trial. And once the A.I. boom arrived, he created his own for-profit lab, xAI. That is now part of the rocket company SpaceX, which is expected to go public as soon as this summer, in an offering worth as much as $1.75 trillion.

The feud between Mr. Musk, 54, and Mr. Altman, 41, is typical of the schisms at A.I. companies over the years. Several times, top researchers have come together with plans to build powerful A.I., before fighting over the best way to do it, parting ways and launching new companies.

“We don’t typically see Silicon Valley companies engaged in scorched-earth tactics in the courts, but Elon is singular,” said Anupam Chander, a professor of law and technology at Georgetown Law. “When the richest man in the world sues you, you’re going to be worried about the suit, even if you feel that you are in the right.”

Mike Isaac

Good morning from outside the Ronald V. Dellums Federal Courthouse in downtown Oakland. About 30 to 40 people have arrived and are waiting in the courtyard to enter the building. It’s a brisk 51 degrees, and lawyers and clerks are rolling carts of documents inside.

No protestors outside this morning, quite a different vibe from the carnivalesque display here yesterday during jury selection.

Kalley Huang

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The Ronald V. Dellums Federal Building and U.S. Courthouse in Oakland, Calif.Credit...Jason Henry for The New York Times

Over the next month or so, a who’s who of the technology industry is expected to appear in the Ronald V. Dellums U.S. Courthouse in Oakland, Calif., for a legal showdown between Elon Musk and the artificial intelligence company OpenAI.

Mr. Musk, the richest man in the world, should spend quality time on a witness stand, as will Sam Altman, the billionaire chief executive of OpenAI.

Satya Nadella, Microsoft’s chief executive, is expected to testify. Shivon Zilis, a former OpenAI board member and the mother of at least four of Mr. Musk’s children, is on the witness list. So is Tasha McCauley, another former OpenAI board member, who tried to fire Mr. Altman.

That Oakland is playing host to this tech industry pantheon is one of the many oddities in this high-stakes trial. While plenty of tech workers live in Oakland, only a handful of tech companies are based in “The Town,” as locals call it. The go-go tech culture of San Francisco and Silicon Valley is notably absent in this city, even though it is only about 12 miles from OpenAI’s headquarters.

“Oakland is an interesting city for this to happen in, because we’re kind of thought of as the other town,” said Lesley Mandros Bell, an artist and teacher who has lived in Oakland for nearly four decades.

The Oakland federal courthouse is part of a soaring, postmodern complex built in 1993 and named for Ronald Dellums, a longtime congressman whose district included Oakland and who served as the city’s mayor from 2007 to 2011. But Mr. Dellums, who died in 2018, might have frowned upon the ruthless capitalism that will be on display in the building named after him. He was a democratic socialist whose politics landed him on President Richard M. Nixon’s “enemies list.”

“We start with a humanistic value system and ask: What inhibits life and growth?” Mr. Dellums said in an interview in 1976. “The answer is war, pollution, elitism, corporate corruption, corporate power that controls over 90 percent of the wealth and dominates people’s lives.”

Cade Metz

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The OpenAI offices in San Francisco.Credit...Jason Henry for The New York Times

On May 25, 2015, Sam Altman sent an email to Elon Musk proposing a “Manhattan Project for A.I.” He envisioned a Silicon Valley research lab that would build enormously powerful artificial intelligence and share it with the rest of the world “via some sort of nonprofit.”

Mr. Musk replied that evening, saying the idea was “probably worth a conversation.” Before the end of the year, the two tech entrepreneurs founded a nonprofit they called OpenAI.

When Mr. Musk founded OpenAI with Mr. Altman and several young A.I. researchers, he saw the research lab as a necessary counterweight to the A.I. work underway at Google. He believed that Google and Larry Page, one of its founders, did not understand the dangers of A.I.

OpenAI’s founders — backed largely by donations from Mr. Musk — vowed to freely share their technology with the public as open source software. They argued that A.I. would be too powerful and too dangerous to be controlled by a single company.

But by late 2017, many inside OpenAI were arguing that open sourcing may be more dangerous than keeping the technology closed. And they worried that if the lab remained a nonprofit, it might not raise the money needed to reach its lofty goal of building artificial general intelligence, or A.G.I., a machine that can do anything the human brain can do.

That included Mr. Musk. In February 2018, he forwarded an email to the lab’s other founders suggesting that OpenAI attach itself to Tesla, his electric car company, and build its A.I. using the supercomputers that Tesla was developing.

“Tesla is the only path that could even hope to hold a candle to Google,” he wrote. “Even then, the probability of being a counterweight to Google is small. It just isn’t zero.”

After Mr. Altman and others refused to give Mr. Musk control, he quit. Later that month, he announced his departure to OpenAI’s staff on the top floor of the lab’s office in San Francisco. He withdrew his financial support for the lab.

Forced to find other sources of funding, Mr. Altman bolted a for-profit company onto the original nonprofit and eventually raised $13 billion from Microsoft. The lab also curtailed its efforts to open-source its technologies.

OpenAI has since emerged as one of the most important tech companies in the world, worth an estimated $730 billion as a for-profit company overseen by the original nonprofit. The start-up is heading toward one of the biggest initial public offerings in history, which could come as soon as this year.

The company has expanded to more than 4,000 employees working in offices around the world, and is pursuing a data center expansion plan that could cost hundreds of billions of dollars.

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