Elon Musk is looking to claw big a big portion of the equity in OpenAI, which he’d founded all the way back in 2015 but departed a few years later.
In a notice of remedies filed January 16, 2026, in the U.S. District Court for the Northern District of California, Musk’s legal team outlined a potentially massive financial claim against both OpenAI and Microsoft based on what they characterize as substantial wrongful gains. The filing reveals that Musk is primarily seeking disgorgement of wrongful gains—a legal remedy that would force the defendants to give up profits obtained through allegedly improper conduct.
According to the document, Musk’s expert witness, Dr. C. Paul Wazzan, a financial economist with venture capital experience, has calculated OpenAI’s wrongful gains at between $65.50 billion and $109.43 billion, depending on how much of the nonprofit’s current value can be attributed to Musk’s early contributions.
Dr. Wazzan’s analysis estimates that Musk’s monetary and nonmonetary contributions accounted for 50% to 75% of OpenAI’s success. These contributions include the $38 million Musk provided during OpenAI’s early years—roughly 60% of the nonprofit’s seed funding—as well as crucial nonmonetary support like recruiting key employees, introducing business contacts, and lending his reputation to the fledgling organization.
For Microsoft, which has invested heavily in OpenAI, the calculated wrongful gains range from $13.30 billion to $25.06 billion, bringing the total potential damages to as much as $134.49 billion.
The legal filing breaks down Musk’s claims across four counts: breach of trust against OpenAI, unjust enrichment against OpenAI, fraud or constructive fraud against OpenAI, and aiding and abetting against Microsoft. Each claim comes with different statutes of limitations that could affect the final award, though the core remedy sought remains disgorgement of gains.
Beyond monetary damages, Musk also plans to seek punitive damages and equitable relief, including a potential injunction. The document indicates these equitable remedies would be addressed after trial if the jury finds either defendant liable.
The case stems from OpenAI’s transformation from its original nonprofit structure to a for-profit entity, a shift that allegedly violated the organization’s founding mission. The filing notes that wrongful gains include not just cash flows but also unrealized appreciation in value, such as OpenAI’s increased valuation and Microsoft’s growing stake in the company.
The January 7, 2026 summary judgment hearing apparently prompted the court to direct Musk’s team to clarify the specific remedies being sought. With a jury trial presumably on the horizon, the stakes are now clear: Musk is positioning himself to recover what his expert characterizes as gains “many orders of magnitude greater than the investor’s initial investment”—a claim that, if successful, could fundamentally reshape the ownership structure of one of the world’s most valuable AI companies.