xAI initiated legal proceedings against OpenAI, alleging that the latter was suppressing competition in burgeoning markets. In a retaliatory move, OpenAI filed a countersuit against xAI, accusing it of systematically and intentionally destroying evidence pertinent to the case. OpenAI asserted that xAI directed its staff to utilize ephemeral (disappearing) messaging apps for business-related communications, effectively erasing evidence despite being cognizant of its duty to retain it. This maneuver, OpenAI claimed, placed itself and other defendants in a precarious position.

In August of the previous year, X and xAI collectively lodged an antitrust lawsuit against OpenAI and Apple, demanding billions of dollars in compensation for alleged damages. Although OpenAI and Apple have refuted these claims, the judge has decided that the case will proceed to trial.

OpenAI further highlighted that Musk's legal skirmish is intertwined with his clash with Altman. Moreover, OpenAI has requested xAI to furnish pertinent documents, yet it has not received any response. In light of this, OpenAI has petitioned the court for two directives: firstly, to mandate that employees of X and xAI cease using communication tools that automatically erase messages; secondly, to ask the court to designate a special master to ascertain the extent of evidence destruction and determine accountability along with appropriate remedial actions.