Musk v Altman Jury Deliberates Monday: The Advisory Verdict Most People Don't Understand — And Why the Judge Holds All the Power

# Musk v Altman Jury Deliberates Monday: The Advisory Verdict Most People Don't Understand — And Why the Judge Holds All the Power

> **Quick answer:** The nine-person jury in Musk v. Altman begins deliberations on Monday, May 18, 2026. But here is the critical detail most headlines miss: their verdict is **advisory only**. Under Federal Rule of Civil Procedure 39(c), Judge Yvonne Gonzalez Rogers is not bound by the jury's findings. She can accept them, reject them, or split the difference — and she alone will decide the most consequential remedies: whether to unwind OpenAI's $500 billion recapitalization and whether to remove Sam Altman and Greg Brockman from their leadership roles.

Monday is the day the Musk OpenAI jury starts deliberating — and by Tuesday, headlines may declare a winner. Before you believe them, understand what the jury actually has the power to decide. The answer is less than most people think, and the person whose opinion matters most will never step into the jury room.

This is a legal precedent piece disguised as a tech trial. What happens Monday — and in the weeks that follow — could reshape how American courts oversee nonprofit-to-for-profit corporate conversions for the next generation.

## What the Jury Is Actually Deciding

The nine-person jury seated in Oakland's federal courthouse has two claims before it: **breach of charitable trust** and **unjust enrichment**. Both stem from the same core allegation — that when OpenAI converted from a nonprofit to a public benefit corporation in October 2025 (granting Microsoft a 27% stake valued at roughly $135 billion), CEO Sam Altman and President Greg Brockman violated their duties as stewards of a charitable organization.