H. Peter Haveles Jr., a partner in the Trial and Dispute Resolution Practice Group of Pepper Hamilton, and James D. Rosener, a partner in the Commercial Department of Pepper Hamilton, were quoted in the August 26, 2018 Los Angeles Times article, "What Will (or Won't) Tesla's Board of Directors Do About Elon Musk?"
"This is a company under substantial financial and legal distress at the moment," said Peter Haveles, a corporate law specialist at the Pepper Hamilton law firm. "Musk's recklessness with his comments over the last two weeks have caused the company great stress, at a minimum, and possibly subjected it to legal liability."
"If he doesn't think there will be any consequences, he's going to keep doing what he's been doing," said Jim Rosener, also an attorney at Pepper Hamilton. That's why now is the time for the board to take real action, he said. "They need to look at their communications policy, and enforce it, educate Mr. Musk about it, and really get a lot more strict about it."
But, Rosener said, "Based on what I've read, I question whether some [Tesla board members] are truly independent and have the gravitas to act as a director and act independently."
"Even if you have the perfect board, what do you do when the CEO is not controllable?" said Rosener. "Do you fire him? What to you do to control Elon Musk? I'm not sure anyone can."