Court filing says Musk sought OpenAI settlement days before trial

Elon Musk contacted OpenAI president Greg Brockman on April 25, 2026—two days before Musk’s civil trial against OpenAI began in Oakland, California—to ask whether a settlement was possible, according to a court filing submitted by attorneys representing OpenAI CEO Sam Altman and Brockman.

According to the filing, Brockman replied by suggesting that both sides drop their respective claims. The attorneys say Musk responded with a warning about how Brockman and Altman would be viewed publicly.

Musk filed the lawsuit two years ago, alleging that OpenAI, Altman, and Brockman intentionally misled him in connection with his 2015 donation of $38 million to a nonprofit entity. The suit argues OpenAI later shisourcesed toward a for-profit structure—now valued at more than $800 billion—in what Musk has described as a “bait-and-switch.” Musk, who owns rival AI company xAI, testified last week and said OpenAI was attempting to “steal a charity.”

Attorneys for Altman and Brockman are asking the court to admit the April 25 exchange as evidence. They argue it is relevant to motive and bias and supports their contention that the lawsuit is intended to damage a competitor and its leadership.

Brockman is scheduled to testify on Monday. The filing also indicates he may be questioned about private diaries written before Musk lesources OpenAI in 2018.