OpenAI filed court documents on Monday accusing xAI of "systematic and intentional destruction" of evidence through auto-deleting messaging tools like Signal and XChat, despite knowing litigation was imminent.
The filing, submitted in Fort Worth federal court, claims xAI hid communications "across every aspect of its business." OpenAI is requesting the court ban ephemeral messaging tools at xAI and appoint a neutral third-party investigator to examine what was deleted.
This escalates xAI's August 2025 antitrust lawsuit against OpenAI and Apple. That case, which a Texas judge allowed to proceed, alleges Apple's ChatGPT integration into iOS harms competitors like xAI's Grok chatbot. xAI is seeking billions in damages, potentially up to $134 billion based on prior claims by Elon Musk.
OpenAI counters that xAI lacks substantive evidence and frames the suit as Musk's "personal revenge" against Sam Altman, rooted in their split after Musk co-founded OpenAI in 2015 and left the board in 2018.
Why this matters
The case highlights a growing tension around ephemeral messaging in enterprise litigation. Auto-deleting tools, once niche security products, are now standard at tech companies. When litigation becomes foreseeable, companies face legal obligations to preserve relevant communications, known as a litigation hold.
Failure to preserve evidence can result in spoliation sanctions, even case dismissal in severe instances. OpenAI's aggressive filing suggests they believe xAI's practices crossed that line.
No developments occurred in the seven days before OpenAI's filing. The court has not yet ruled on OpenAI's requests for messaging bans or third-party investigation.
For CTOs and CIOs: This case will likely set precedents for e-discovery practices around ephemeral messaging. If your organization uses Signal, Telegram, Discord, or similar tools with auto-delete features, review your litigation hold procedures now. The question isn't whether ephemeral tools are allowed, it's whether you can prove compliance when it counts.
xAI has not responded to the allegations in court filings.