Karen L. Kahn

Direct: 505.848.1898
Main: 505.848.1800
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Fax: 505.848.9710
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Email: karen.kahn@modrall.com

Overview

Karen Kahn concentrates her practice in ERISA and employee benefits law.  For more than twenty-five years she has advised clients and drafted documents for defined contribution plans including 401(k) and 403(b) plans,  ESOPs, defined benefit pension plans, hybrid plans, Section 125-cafeteria plans, HSAs and HRAs, welfare plans, severance plans, and non-qualified deferred compensation plans.  In addition, she represents many clients filing under the IRS Voluntary Compliance Program and the Department of Labor Voluntary Fiduciary Compliance Program. 

Karen provides legal counsel to more than 250 employee benefit plans. 

Karen provides advice and counsel to employers, health insurance agencies and others on the implications of the Affordable Care Act on health plans and other employer-provided benefit plans. She also advises group health plans and physician practice groups on COBRA, HIPAA compliance, domestic partner benefits, and on regulatory compliance for healthcare providers. Additionally, Karen advises on benefits issues in mergers and acquisitions.

Before joining Modrall Sperling, Karen worked as in-house counsel for an international life insurance company, as director of benefits and counsel for a large healthcare organization, and in private practice in California and Albuquerque.  She clerked on the Ninth Circuit Court of Appeals for the Honorable Judge Harry Pregerson. 

Karen has been recognized by Best Lawyers in America® in Employee Benefits (ERISA) Law, and she was named 2017 Employee Benefits "Lawyer of the Year" in Albuquerque by Best Lawyers.  She is a shareholder in the firm's Albuquerque office.

Education

  • Loyola Law School, J.D., 1982, summa cum laude, Member, Loyola Law Review, Aggeler Award; Hornbook Award, St. Thomas More Law Honor Society, and Alpha Sigma Nu
  • University of Southern California, M.S. in Gerontology, 1977
  • Pitzer College, B.A. in Psychology, 1975

Bar Admissions

  • New Mexico
  • California
  • U.S. District Court for the Central District of California
  • U.S. Court of Appeals for the Ninth Circuit

Practice Areas

Experience

  • Advised more than 250 employee benefit plans for profit, non-profit, governmental, and tribal organizations on qualified plans and 403(b) regulations, including drafting of plan documents and amendments.

  • Guided several companies through the Internal Revenue Service's voluntary correction program and the Department of Labor's voluntary fiduciary correction program to maintain the qualified status of these 401(k), profit-sharing plans, and defined benefit plans.  Corrections included non-amenders, discrimination test failures, late salary deferral deposits, non-compliance with the plan terms, failures to defer elected contribution amounts, inclusion of ineligibles, and many loan program violations. 

  • Advised clients on the advantages of using an ESOP for passing ownership of small businesses.  We have negotiated bank loans for ESOP, drafted the plan documents for ESOPs, and represented ESOPs during audits. 

  • Represented a large number of cafeteria plans and health reimbursement account plans, and have developed strategies to meet the employer's goals for provision of benefits and compliance with new laws. 

Activities

Civic Activities

  • Jewish Family Services, Past-President
  • Congregation Albert, Past-President

Discourse

Presentations

Karen has made presentations at numerous seminars on 401(k) plans, cafeteria plans, welfare plans, payroll practices, HSAs, and HIPAA.

Publication

      "Staying on Top of New Developments in Employment Law to Avoid Management Liability Litigation," Protecting Corporations Against Management Liability Claims, 2013 Thompson Reuters/Aspatore (co-authored by George R. McFall)

Honors

  • Best Lawyers® Employee Benefits (ERISA) Law "Lawyer of the Year" in Albuquerque, 2017
  • Best Lawyers in America® in Employee Benefits (ERISA) Law, 2009-present
  • YWCA Women on the Move, 2001

Best Lawyers Award Badge