Number: RL31282 Title: Tittle v. Enron Corp. and Fiduciary Duties Under ERISA Authors: Jon O. Shimabukuro, American Law Division Abstract: As Congress considers legislation to address concerns raised by the Enron 401(k) plan, this report provides background on existing fiduciary duties required by section 404(a) of ERISA. Section 404(a) is considered the "touchstone for understanding the scope and object of an ERISA fiduciary's duties." The report reviews selected cases that have interpreted section 404(a) and discusses H.R. 3623, the Employee Savings Protection Act of 2002, a bill that would amend section 404(a) to prohibit misrepresentations relating to employer securities by plan fiduciaries. Pages: 10 Date: Updated April 29, 2002