[1] Tesla vs Top Gear, well documented by Tesla http://www.teslamotors.com/teslavstopgear
[2] NY Times piece in question: http://www.nytimes.com/2013/02/10/automobiles/stalled-on-the...
Edit: removed date of lawsuit per comment below
It was in 2011(http://www.engadget.com/2011/03/30/tesla-sues-top-gear-for-l... ), and it was over a largely positive feature on the roadster that aired in 2008.
On the opposite end of the spectrum, Consumer Reports bought a Tesla for review, and when they announced it, they mentioned all the hoops they jumped through to prevent Tesla from knowing that they bought one.
Given Musk's tweet about how they always enable data logging for journalists, i'm wondering why it was so important for CR not to let tesla know they bought one.
The most likely reason is that they didn't want Tesla to cherry pick the best unit they had available to ensure a positive review.
It would be an awesomely poor publication that is only willing to report on people and organizations that won't sue the publication when it intentionally misrepresents the facts.
If anything it will ensure others take a more rigorous fact checking process in the future.
If he can't prove it, I'd agree with TylerE.
At best what's going to happen here is either a legal suit, or an apologetic exit. It's good that they were storing the logs - machines don't lie.
Unless of course there is legal entanglement.