The Trial of the Century is set to begin in Musk v. Altman on April 27, 2026.
The parties have been filing their pre-trial papers that we will preview this month.
First up is the interesting skirmish between Elon Musk and Sam Altman over Altman’s three experts who are prominent law professors in the area of nonprofit law and philanthropy:
- Daniel Hemel, the John R. Shad Professor of Law at New York University School of Law
- Peter Frumkin, the Director of the Gradel Institute of Charity at Oxford University and a Chair in Social Policy at the University of Pennsylvania’s School of Social Policy and Practice.
- John C. Coates IV, John F. Cogan Professor of Law & Economics, Harvard Law School.
Musk argues: “That testimony is needlessly cumulative, prejudicial to Musk, and a waste of the Court’s time. The Court should preclude that duplicative testimony and require OpenAI to select a single nonprofit expert to call at trial.”
Altman argues: “The OpenAI Defendants designated two experts to address particular aspects of nonprofit custom and practice. Professor Daniel Hemel, the John R. Shad Professor of Law at New York University School of Law, will offer testimony about the ways in which nonprofit organizations
customarily engage with the for-profit sector, including through the use of for-profit affiliates and
IP licensing arrangements. The OpenAI Defendants also expect to offer testimony from Professor Peter Frumkin, the Director of the Gradel Institute of Charity at Oxford University and a Chair in Social Policy at the University of Pennsylvania’s School of Social Policy and Practice. Specializing in philanthropy and nonprofit management, Professor Frumkin brings a different perspective to these issues, through his work with nonprofit leaders and managers on strategies to advance their nonprofit missions. Professor Frumkin will offer testimony about the broader trend of nonprofits adopting hybrid organizational models, including to raise needed capital, attract and retain key talent, and engage with consumers and markets. The OpenAI Defendants expect these examinations to be concise, to the point, and helpful to the jury in evaluating Musk’s claims.”
Here’s a breakdown of who is testifying to what:
| Expert | Retained By | Affiliation | Proposed Testimony (Dkt. 425) | Musk’s Motion to Exclude (Dkt. 407) | OpenAI’s Opposition (Dkt. 425) |
| Peter Frumkin | OpenAI | Director, Gradel Institute of Charity (Oxford); Chair in Social Policy, Univ. of Pennsylvania | Hybrid nonprofit models and sector trends | Cumulative under FRE 403; limit OpenAI to one nonprofit expert | Distinct disciplinary perspective; not duplicative |
| Daniel J. Hemel | OpenAI | John R. Shad Professor of Law, NYU School of Law | Nonprofit engagement with for-profit affiliates | Overlaps with other nonprofit experts; cumulative | Similar topic but distinct legal lens |
| John C. Coates IV | OpenAI | John F. Cogan Professor of Law & Economics, Harvard Law School | Governance and deal structuring rebuttal | Require selection of single expert to avoid redundancy | Designated rebuttal witness; conditional testimony |
| David M. Schizer | Musk | Professor & Former Dean, Columbia Law School | Affirmative expert on nonprofit custom and governance | Not applicable | Defense experts designated to rebut his positions |
Related Stories