‘Christmas in April’: Sam Altman taunts Elon Musk as OpenAI flags discovery concerns

Sam Altman, Elon Musk

• OpenAI criticizes xAI for limited document disclosure in ongoing legal dispute
• Musk sues OpenAI, alleging it broke founding promises by becoming for-profit.
• Jury trial scheduled for April 2026; evidence on corporate decisions to be presented.

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OpenAI’s CSO, Jason Kwon, used social media to highlight what the company sees as transparency shortcomings in the discovery process in its high-stakes legal dispute with Elon Musk’s AI venture xAI and related litigation. According to Kwon’s post — referencing filings in ongoing U.S. court proceedings — Musk’s side has reportedly produced only limited documentation, primarily employee policies, in response to discovery requests. The implication, OpenAI says, is that disappearing or restricted communications may be obscuring a fuller picture of decision-making and conduct relevant to the case.

This exchange comes against the backdrop of a broader legal fight that has multiple threads. Musk’s lawsuit against OpenAI, now cleared to go to a jury trial set for April 27, 2026, alleges that OpenAI and its leaders breached promises tied to the company’s founding and its shift toward a for-profit structure. Musk contends that OpenAI’s transformation, including lucrative deals with partners such as Microsoft, violated the original nonprofit mission he helped initiate. A U.S. federal judge found enough disputed factual issues to allow these claims to proceed to trial rather than be dismissed outright.

OpenAI has replied forcefully in court and online. The company argues that the accusations are unfounded and part of a broader pattern of competitive and public pressure tactics from Musk, whose own AI company, xAI, directly competes with OpenAI’s technologies. As part of its response strategy, OpenAI has published internal correspondence and historical context — including discussions from 2017-18 — to rebut claims about how and why it adopted its corporate structure and to remind observers that Musk once supported plans involving for-profit elements in OpenAI’s evolution.

CEO Sam Altman also commented publicly, calling the limited discovery disclosures “concerning” while using a wry aside about Musk’s upcoming testimony: “Really excited to get Elon under oath in a few months, Christmas in April!”That comment blends acknowledgement of the serious legal process underway with Altman’s customary sharp tone on social media.

OpenAI’s spotlight on this issue suggests it believes gaps in the record may work in its favour at trial or, at least, undermine Musk’s framing of the case.