Ultimately, it behooves the investors to be informed about the companies they invest in, and if they don't like what the company is doing, vote with their feet and divest. I am going to go and take a good look at the "securities class-actions" and "derivative lawsuits" that are mentioned in my parallel comment and see what these lawsuits are really about. I doubt they are over marginal variations of the rate of return.

And small investors who object to the practices of institutional investors such as index funds should not put their money into index funds in the first place. Hell, if all you want to track an index just buy index futures. Don't give your money to someone else so they get to charge you a fee, and have shareholder rights at a bunch of companies.

Those whom the Gods wish to destroy They first make mad. -- Euripides