Can they all lose?
"is devoid of factual specificity and substantiation, repeatedly relying on unsupported 'information and belief,'"
Are the talking about Musk or AI in general?
Elon Musk's legal grudge against Sam Altman, OpenAI, and Microsoft could soon be over – again – if a California judge responds favorably to the latest filings in the case. Both OpenAI [PDF] and Microsoft [PDF] filed motions to dismiss Musk's lawsuit last week, arguing that his second attempt to sue the company, filed in August …
Meanwhile the FTC and DoJ are investigating the overlaps in board members between MS and OpenAI.
"Section 8 of the Clayton Act (15 U.S.C. § 19) prohibits individuals from serving as a director or officer in two competing corporations simultaneously, a practice known as an "interlocking directorate." This prohibition aims to prevent potential anticompetitive practices that could arise from such arrangements."
https://www.law.cornell.edu/uscode/text/15/19
For an easier read on that subject try https://moginrubin.com/key-issue-in-musk-vs-openai-and-microsoft-interlocking-directorates/
Musk sat on two boards too, until he threw his toys out of his pram.
I.e. While Maybe a valid point, Musk is not in a good position to argue that.
Not being able to be on the boards of competing companies affects the super rich y more than anyone else. When he buys a stake he buys a big one.