Elon Musk plans to proceed with his highly watched lawsuit against OpenAI, his lawyer Marc Toberoff said on Monday, hours after the AI startup dialed back its earlier plan to remove control by its non-profit arm.

OpenAI CEO Sam Altman has been working on wriggling out from under the control of the company’s nonprofit board ever since they (briefly) fired him. But, after several efforts to prevent the move, including a lawsuit filed by OpenAI co-founder Elon Musk, the company announced on Monday that it will keep its structure for now.

OpenAI has decided that its nonprofit division will retain control over its for-profit org, after the company initially announced that it planned to convert to a for-profit organization.