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People can surely sue the index publishers for removing the safeguards, or the index funds to take more risks than they were mandated.

When money is lost in the order of billions, someone is getting sued.

> 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".