OpenAI's Key Investors Accept Clause to Waive Claims Over Bubble

Published on January 20, 2026 | Translated from Spanish
Chart showing the upward evolution of OpenAI's valuation, exceeding 80 billion dollars, with a 'lawsuit clause' seal superimposed.

OpenAI's Key Investors Accept a Clause to Not Sue Over a Bubble

Major funds backing OpenAI, such as Microsoft and Thrive Capital, have agreed to an unusual term in their investment contracts. This term specifies that they explicitly waive the right to initiate legal proceedings if it is discovered that the company's value was artificially inflated. The main objective is to protect the organization and its board of directors from potential lawsuits linked to an excessive valuation of its shares. 🛡️

The Scenario of Rapidly Growing Value

OpenAI has seen its market value skyrocket, reaching more than 80 billion dollars in its most recent funding round. This rapid increase leads many to question whether the current price corresponds to its true future potential or if it is part of a speculative phenomenon. The clause acts as a legal barrier against this doubt, openly acknowledging the risks involved in investing in such an innovative and changing technology firm.

Details of the Clause and Its Context:
  • The main shareholders accept the risk of a possible overvaluation from the outset.
  • It seeks to avoid putting management under constant pressure to validate short-term figures.
  • It recognizes the volatile and experimental nature of the artificial intelligence sector.
Some experts comment that it is similar to signing an agreement before riding an extreme attraction, where you accept that the adrenaline is not grounds for a lawsuit.

Consequences for the Investment World

This action could establish a new standard in the venture capital industry, especially for AI-focused startups. By having investors assume a portion of the bubble risk, the legal burden on executives to explain immediate valuations is lightened. This enables the company to focus on long-term goals, although it also transfers greater responsibility to the funds and restricts claim options for minority shareholders in case of a collapse.

Possible Effects to Consider:
  • It creates a precedent for other high-tech startups with elevated valuations.
  • It could deter some more cautious investors or require higher risk premiums.
  • It balances the need to innovate quickly with legal stability for managers.

Reflection on the Future of the Model

This unprecedented clause underscores the unique nature of investing on the frontier of AI. While it protects OpenAI to operate with a forward-looking vision, it also redefines the tacit pact between those who provide capital and those who lead. The market will watch closely to see if this mechanism is widely adopted or remains an exception for cases of extreme growth. 🤔