On October 30, Bloomberg reported that following OpenAI's announcement of its transition into a for-profit entity, Musk's legal counsel condemned the attorneys general of California and Delaware for not intervening to halt the restructuring process. They pledged to persist in representing Musk in his legal battle against OpenAI, seeking to overturn its restructuring. OpenAI has allocated a 27% stake to Microsoft, while ensuring that its nonprofit division retains oversight over the for-profit activities, effectively transforming it into a public benefit corporation.

Although state officials did not raise objections to the restructuring plan, the California Attorney General clarified that this change would not impede the progression of Musk's lawsuit. Musk's attorney argued that the attorneys general could not shield OpenAI's unlawful actions through a hastily arranged agreement and underscored their commitment to safeguarding Musk's right to pursue legal action.