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April 29, 2026, 10:50 a.m. ET

Live Updates: Elon Musk to Return to the Stand in OpenAI Trial

Elon Musk, who split from OpenAI years after cofounding it as a nonprofit, said on Tuesday the A.I. start-up was putting commercial interests over the public’s. His testimony continues on Wednesday.

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Elon Musk took the stand as the first witness in a case on Tuesday.

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Brennan Smart for The New York Times

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April 29, 2026, 10:06 a.m. ET

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Mike Isaac

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Elon Musk on Wednesday will again take the stand in his

blockbuster case

against OpenAI for a second day of testimony in which he has argued the A.I. company and its founders violated promises it made to him and the public.

Mr. Musk helped found and donated to OpenAI, which began as a nonprofit in 2015. Mr. Musk left the start-up three years later after a power struggle with his co-founders. The public launch of ChatGPT catapulted OpenAI to commercial success in 2022.

On Tuesday, Mr. Musk took the stand

to lay out the claims in his 2024 lawsuit. He argued that OpenAI took advantage of his donations and breached its founding agreement by putting commercial interests first. Mr. Musk framed the case as fundamental to “the entire foundation of charitable giving in America,” accusing his co-founders of stealing from the public good.

Mr. Musk is seeking more than $150 billion in damages from OpenAI and Microsoft, OpenAI’s biggest financial partner. He is also asking the court to remove OpenAI’s co-founder and chief executive, Sam Altman, from the board, and to stop its recent shift to

operate as a for-profit company

.

OpenAI’s lead counsel, William Savitt,

argued on Tuesday

that Mr. Musk filed the lawsuit because the world’s richest person “didn’t get his way at OpenAI.” The start-up’s original nonprofit continues to oversee the for-profit company, and is working to redistribute billions of dollars generated by the commercial operation, he added.

The trial’s outcome could upend the A.I. landscape. OpenAI is a leading A.I. company. A win for Mr. Musk would also be a win for OpenAI’s competitors, from industry giants like Google to young companies like Anthropic and Mr. Musk’s own A.I. lab, xAI.

A loss for Mr. Musk would mean that OpenAI, which is now valued at about $730 billion, will be free to continue its commercial course just as it appears to be heading toward one of the biggest initial public offerings in history.

(The New York Times has

sued OpenAI