In a major escalation of the legal battle between tech titans, Elon Musk has filed a court request for disgorgement of “wrongful gains” totaling between $79 billion and $134 billion from OpenAI and Microsoft.
The filing, submitted on January 16, 2026, details the specific damages Musk is seeking as the case heads toward a high-profile jury trial in April.
The Financial Logic: “Seed Money to Sovereign Stake”
Musk’s legal team, led by Steven Molo, argues that the damages should be proportional to OpenAI’s current valuation, which has surged past $500 billion.
- The Argument: Musk’s lawyers contend that his initial $38 million seed donation (which accounted for roughly 60% of OpenAI’s early funding) provided the “credibility and capital” upon which the entire company was built.
- Startup Analogy: The filing draws a direct comparison to startup investing: “Just as an early investor in a startup company may realize gains many orders of magnitude greater than the investor’s initial investment, the wrongful gains… are much larger than Musk’s initial contributions.”
- The Breakdown:
- From OpenAI: Musk is seeking between $65.5 billion and $109.4 billion.
- From Microsoft: He is seeking between $13.3 billion and $25.1 billion for its role in “effectively owning” the startup.
Key Evidence: The “Brockman Diaries”
The request for over $100 billion comes just days after the unsealing of thousands of pages of internal documents, including private notes from OpenAI co-founder Greg Brockman.
- The “Lie” Entry: A 2017 journal entry from Brockman revealed his internal conflict, stating that if the company shifted to a for-profit model shortly after promising Musk otherwise, any claim of commitment to a nonprofit mission “would be a lie.”
- OpenAI’s Defense: OpenAI has responded with a blog post titled “The Truth Elon Left Out,” arguing that Musk himself pushed for a for-profit structure in 2017 but only turned against the idea after his demand for majority equity and absolute control was rejected.
Trial Timeline & Stakes
U.S. District Judge Yvonne Gonzalez Rogers has officially cleared the path for a jury to decide the case, noting there is “plenty of circumstantial evidence” that Musk was deceived.
| Event | Date |
| Jury Selection | April 27, 2026 |
| Trial Start | April 28, 2026 |
| Expected Duration | 4 Weeks (Ends May 22, 2026) |
| Location | Federal Court, Oakland, California |
OpenAI’s Response to the $134B Demand
OpenAI has described the financial demand as “unserious” and part of a broader “harassment campaign” by a competitor (Musk’s xAI). The company warned its investors on January 16 to expect “provocative and attention-grabbing” statements from Musk as the trial approaches to manipulate public sentiment and market perceptions.
