> 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).

Will take 6+ years and lots of fees lost to recover loss. Won't be anywhere close to made whole.

> People can surely sue...

Would either published indexes or investment funds exist, if suing them for poor performance was anything resembling that easy?

I'm thinking "no".