OpenAI won't sue anybody. They are lucky to exist by Jan. 1st. And if they do it will be with substantially diminished stature unless they can reverse this whole shitshow (unlikely).
Let's see. It all depends on how high the temperature will go up from here. I give it 70/30 in favor of OpenAI still existing Jan. 1st 2024 in an operational aspect, with a lesser chance of them being defunct but still existing as a legal entity.
For every hour that the new CEO doesn't come out to start repairing their reputation that chance goes up.