OpenAI has asked the attorneys general of California and Delaware to consider investigating Elon Musk and his associates over what it describes as improper and anti-competitive conduct, ahead of a trial between the parties set to begin this month. Musk filed a lawsuit in 2024 against OpenAI, its CEO Sam Altman, and others, alleging that the company strayed from its original mission while transitioning toward a for-profit structure. Although Musk co-founded OpenAI in 2015, he departed in 2018 and later launched a competing venture, xAI, which developed the chatbot Grok.

In a court filing from August, OpenAI claimed that Musk attempted to involve Meta CEO Mark Zuckerberg in a consortium bid to take over the company earlier last year, though Zuckerberg ultimately declined to participate. On Monday, OpenAI sent a letter to California Attorney General Rob Bonta and Delaware Attorney General Kathy Jennings, warning that Musk’s lawsuit seeks damages exceeding $100 billion from its nonprofit arm, which it argues could severely harm the organization.

A judge in Oakland, California, ruled that the case would proceed to a jury trial, which is expected to begin in April. In the letter, OpenAI’s chief strategy officer Jason Kwon stated that the lawsuit could jeopardize the company’s mission to ensure that artificial general intelligence benefits humanity as a whole. He also argued that Musk’s legal filings indicate regulators may not have fully examined OpenAI’s restructuring plans and instead relied on assurances about its future actions.