Modrall Sperling

32 Best Lawyers awards

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Awarded Practice Areas

Employee Benefits (ERISA) Law

Biography

Karen Kahn concentrates her practice in ERISA and employee benefits law. For more than thirty years she has advised clients and drafted documents for defined contribution plans including 401(k) and 403(b) plans, ESOPs, traditional defined benefit pension plans, cash balance plans, Section 125-cafeteria plans, HSAs and HRAs, welfare plans including health insurance plans, wrapper plans, severance plans, and non-qualified deferred compensation plans. 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.

In addition, she represents many clients filing under the IRS Voluntary Compliance Program and the Department of Labor Voluntary Fiduciary Compliance Program when retirement plans have compliance issues. Karen also advises on benefits issues in mergers and acquisitions.

Chambers USA has recognized Karen in the area of Employee Benefits and Compensation, and is seen by several clients as one of the leading practitioners in the state. A client says, “Karen does excellent work, she is flawless and attentive. She was always on top of the matter and did everything smoothly and quickly. She pursued it with diligence and great success.” Best Lawyers in America® named Karen 2017 Employee Benefits “Lawyer of the Year” in Albuquerque. She is Chair of the firm’s Benefits/ Investments Committee, and is a shareholder in the firm’s Albuquerque office.

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.

Modrall Sperling

32 Best Lawyers awards

Modrall Sperling logo

Overview

  • Loyola Marymount University, J.D., graduated 1982
  • Pitzer College, graduated 1975
  • University of Southern California, graduated 1976
  • Loyola Marymount University, graduated 1982

  • New Mexico, State Bar of New Mexico
  • California, State Bar of California

  • State Bar of New Mexico - Member

  • United States Court of Appeals
  • New Mexico, State Bar of New Mexico
  • California, State Bar of California
  • State Bar of New Mexico - Member
  • Loyola Marymount University, J.D., graduated 1982
  • Pitzer College, graduated 1975
  • University of Southern California, graduated 1976
  • Loyola Marymount University, graduated 1982
  • United States Court of Appeals

Client Testimonials

Karen has helped our firm for 10 years in dealing with documents for defined contribution plans including 401(k) and 403(b) plans, ESOPs, defined benefit pension plans, hybrid plans, Section 125-cafeteria plans, and HSAs and HRAs. In addition, we call upon Karen for consulting on questions concerning Cafe plans, cobra and HRA Plans.

Karen is my go-to person on all my 401k questions. Her experience and knowledge are stellar. I greatly appreciate her response time, as I usually need the answer 'yesterday'. She provides very detailed, yet easily understood information, usually via email, which is helpful for reference later on. Karen is a pleasure to work with, and I would highly recommend having her on your compliance team!

Pat Vorhies (Calavo Growers, Inc.)

Santa paula, CA

Awards & Focus

Lawyer of the Year Badge - 2025 - Employee Benefits (ERISA) Law Lawyer of the Year Badge - 2021 - Employee Benefits (ERISA) Law Lawyer of the Year Badge - 2017 - Employee Benefits (ERISA) Law
Named "Lawyer of the Year" by Best Lawyers® for:
  • Employee Benefits (ERISA) Law, Albuquerque (2025)
  • Employee Benefits (ERISA) Law, Albuquerque (2021)
  • Employee Benefits (ERISA) Law, Albuquerque (2017)
Recognized in The Best Lawyers in America® 2026 for work in:
  • Employee Benefits (ERISA) Law
Additional Areas of Practice:
  • Health Care Law
Special Focus:
  • ERISA
  • Pension, Health and Welfare
  • Qualified Plans
  • Retirement Planning
Awards:
  • YWCA Women on the Move, 2001
  • Chambers USA America’s Leading Lawyers for Business in Employee Benefits & Compensation, 2017-present
  • Best Lawyers in America® “Lawyer of the Year” in Albuquerque in Employee Benefits (ERISA) Law, 2017
  • Best Lawyers in America® in Employee Benefits (ERISA) Law, 2009-present

Case History

Transactions
  • Employee Benefit Plans
  • 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.
  • Correction Programs
  • 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.
  • ESOP Advantages
  • 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.
  • Cafeteria Plans and Heath Reimbursement Accounts
  • 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.

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