The issue here is HAWX 2 is using a very high level of tessellation, creating very small poly's - 6 pixels, in fact (per NV email). This is below the optimal efficiency threshold for GPU's that process four quads of pixel groupings - i.e. NVIDIA and AMD current designs. You know quad quads better as 16px/clock, in specifications.
So when you tessellate down below 16 pixels, you create a scenario where the resterizer ('pixel processor') has to reprocess pixels because it's got a new poly in it, despite the fact it's already been processed. This stalls the rasterizer pipeline and causes problems.
This would be fine and down to 'architecture implementation of specification' if it werent for the fact that you can't actually tell the difference as tessellation factors go up, especially if you have a HD display. Ultimately it is a product differentiator between AMD and NV high end, just as forced TSAA was. Does it make a difference to consumers? That's a personal decision.
I got both emails from NV and AMD, and decided it was a stunt to cause controversy in the week of next generation launch.