The legal fight between Elon Musk and OpenAI has intensified, with Sam Altman’s team now asking the court to compel two of Musk’s closest associates to provide key communications. The move adds a new dimension to a lawsuit that has already drawn attention for its mix of business conflict and personal history.
Expanding the Scope of the Lawsuit
Elon Musk sued OpenAI in 2024, alleging that the company abandoned its original mission as a nonprofit research lab and violated federal racketeering laws by transforming into a for-profit business. Musk, who contributed tens of millions of dollars to the organization in its early years, argues that he was misled. OpenAI and Altman have countered these claims by pointing out that Musk himself once advocated for turning the group into a for-profit entity.
The latest development centers on Shivon Zilis, an executive at Musk’s Neuralink who previously worked at OpenAI, and Jared Birchall, who manages Musk’s family office and holds senior roles in several Musk-affiliated organizations. According to filings, Altman’s legal team has requested that both Zilis and Birchall produce text messages and emails within 72 hours. If they fail to do so, the request suggests they should be required to sit for additional preliminary depositions.
OpenAI’s attorneys argue that Zilis was a key conduit between Musk and OpenAI leadership during discussions in 2017 about a potential restructuring that would have given Musk a significant equity stake in the company. They maintain that her communications may provide important evidence relevant to the case. Birchall, often described as Musk’s fixer and right-hand adviser, is also seen as central to understanding Musk’s involvement in the matter.
Musk’s Legal Team Pushes Back
Lawyers for Musk have opposed the demand for accelerated disclosures, arguing that Zilis and Birchall should not be compelled to sit for two depositions each. They contend that if the requested texts and emails cannot be produced in the proposed timeframe, then depositions should simply be rescheduled rather than expanded. Musk’s representatives have described OpenAI’s request as overreaching and burdensome.
The involvement of Zilis adds a personal dimension to the proceedings. She and Musk share four children conceived through IVF, and her longstanding ties to both Neuralink and OpenAI place her at the intersection of the two tech leaders’ professional worlds. Birchall’s role is primarily financial and organizational, but his broad responsibilities across Musk’s companies, including Neuralink and the Musk Foundation have made him a frequent figure in legal and business disputes.
Neither Neuralink, OpenAI, nor Tesla has issued detailed public statements about the latest filings. Business Insider, which first reported the development, described the inclusion of Musk’s close associates as a sign of escalating tensions between the parties. For now, the matter rests with the court, which must decide whether to grant Altman’s request for accelerated production of records.
A Longstanding Feud Intensifies
The lawsuit is the latest in a series of confrontations between Musk and OpenAI. Earlier in 2024, Musk filed another case against both Apple and OpenAI, alleging that the companies had colluded to restrict competition in the artificial intelligence market. That suit claimed that ChatGPT’s integration into the iPhone unfairly limited consumer choice, positioning OpenAI’s chatbot as the default over alternatives like Musk’s own xAI product, Grok.
OpenAI has described Musk’s litigation as part of a broader pattern of harassment. Company representatives have pointed to Musk’s past attempts to purchase OpenAI outright, which were ultimately rejected, as context for his current legal actions. The disputes highlight how once-collaborative relationships between Musk and Altman have devolved into an ongoing series of confrontations played out in courtrooms.
What began as a partnership in building a nonprofit research institution has now transformed into a bitter legal struggle. As each side seeks leverage, the addition of Musk’s closest aides suggests that the conflict is becoming more personal as well as more complex. With billions of dollars potentially at stake and the future of AI regulation and competition in the balance, the legal battle between Musk and OpenAI shows little sign of abating.