When money is lost in the order of billions, someone is getting sued.
but that doesnt mean any money gets recovered at all. Musk sure as hell aint giving anything back.
The fix is to simply not buy it - those 401k aren't completely passive, you can choose a different investment (instead of NASDAQ index).
Would either published indexes or investment funds exist, if suing them for poor performance was anything resembling that easy?
I'm thinking "no".