H. Peter Haveles, Jr., a partner in the Trial and Dispute Resolution Practice Group of Pepper Hamilton, was quoted in the September 14, 2018 Forbes article, "Elon’s Enablers: Tesla’s Submissive Board May Be as Big a Risk as an Erratic CEO."
"A shareholder could bring a derivative action that basically says the board is not exercising its duty of care, seek damages resulting from that and seek changes in corporate governance," said lawyer Peter Haveles, a partner at Pepper Hamilton LLP, which doesn't have any active litigation against Tesla.
"That's a hard road. It's not an easy one to get," at least not for now, he said.
"Let's say the company gets in a situation because of this whole embarrassment where come January they can't refinance their debt and it's an unmitigated disaster. You're more likely to see derivative actions happen at that time."