Elon Musk To Keep Lawsuit Against OpenAI Despite Nonprofit Control Statement

Elon Musk plans to proceed with his highly-watched lawsuit against OpenAI, his lawyer Marc Toberoff said on Monday, hours after the AI startup dialed back its earlier plan to remove control by its non-profit arm.

Under OpenAI's newly proposed plan, its non-profit parent would continue to control the for-profit business and become a major shareholder.

Musk, a co-founder of OpenAI, has filed a lawsuit that seeks to block OpenAI’s transition away from nonprofit control, among other claims. A jury trial had been scheduled for March 2026.