Paul Woodard is a partner with Schechter Benefits Law Group LLP, where he focuses his practice on a broad range of ERISA-governed litigation matters. Paul has litigated and defended actions involving claims against ERISA plan fiduciaries for breach of fiduciary duty, equitable relief, beneficiary disputes, and the payment of benefits under employer-sponsored benefit plans. In addition to ERISA litigation, Paul has successfully represented clients in complex business disputes involving contract claims, professional negligence claims, and stock option disputes in both federal and state court. Paul also represents clients in tax disputes with the Internal Revenue Service (IRS) and Franchise Tax Board (FTB) at the audit and appeal levels and before the California Office of Tax Appeals and United States Tax Court.
Paul has extensive experience and expertise in the preparation of qualified domestic relations orders (QDROs) for private retirement plans and domestic relations orders (DRO) for state (CalPERS, CalSTRS, SDCERA, SDCERS, SBCERA, LACERA, etc.) and federal benefits (CSRS/FERS -civilian and military - and Thrift Savings Plan). Paul routinely performs complex QDRO calculations and tracing analysis to determine the community property interests where several plans are involved and where plans include both community property and separate property contributions. Paul provides expert consultation or expert witness testimony when retirement benefits issues are contested. Paul also represents retirees in administrative proceedings seeking disability or retirement benefits from various state governmental agencies, including CalPERS, SDCERS, CalSTRS, and SBCERA. These cases typically involve an internal appeal process, including a mini trial before an administrative law judge, who makes a finding and recommendation after listening to all the facts and law on a particular issue.
Paul also has experience navigating the judicial process required in California to seize a judgment creditor's retirement assets, which may be partially or fully exempt from collection. Paul was lead counsel on two published appellate decisions that have had a significant impact on the law as it pertains to seizing retirement assets. See O'BRIEN v. AMBS DIAGNOSTICS, LLC, 246 Cal. App. 4th 942; 201 Cal.Rptr.3d 305 (2016); and O'BRIEN v. AMBS DIAGNOSTICS, LLC, 38 Cal.App. 5th 553; 251 Cal. Rptr. 3d 41 (2019). Paul recently obtained a favorable court ruling on a claim of exemption whereby the court awarded $392,588.66 of the judgment debtor's total $710,253.00 retirement assets.
While an aggressive litigator and winning appellate practitioner, Paul is also versed in all forms of alternative dispute resolution, including arbitration, mediation, settlement conferences, and adjudicatory hearings. Paul believes in working with his clients towards reaching a favorable resolution prior to incurring the expense of prolonged litigation or trial.
Paul is a former President of the San Diego Chapter of the Western Pension & Benefits Council and currently serves as a Board Member. Paul is actively engaged in the legal community and is a member of the William B. Enright Chapter American Inns of Court. He is also active with the San Diego County Bar Association's Community Service Committee, spearheading Wills for Heroes events providing free wills to first responders since 2017.
Education
· San Diego State University (B.S., Business Administration Financial Services, 2008)
· California Western School of Law (J.D., 2011)
Admissions
· State of California, 2012
· U.S. District Court, Southern District of California, 2012
· U.S. District Court, Eastern District of California, 2014
· U.S. District Court, Central District of California, 2015
· U.S. Tax Court
· U.S. Court of Appeals, Ninth Circuit, 2012
Professional Memberships
· San Diego County Bar Association
· William B. Enright Chapter American Inns of Court – Barrister
· Earl B. Gilliam Bar Association
· Western Pension & Benefits Council San Diego Chapter
· Central San Diego Black Chamber of Commerce
Awards & Accolades
· Super Lawyers - Rising Star, 2020 - 2023
· Finalist - 2019 San Diego Business Journal Leaders in Law Award (Rising Star)
Beyond the Office
· President of San Diego Chapter of Western Pension & Benefits Council, 2018 - 2020
· President-Elect of San Diego Chapter of Western Pension & Benefits Council, 2017 - 2018
· Board Member of San Diego Chapter of Western Pension & Benefits Council, 2017 - present
· Co-Vice President - Corporate Relations, Central San Diego Black Chamber of Commerce, 2017 - 2019
· At-Large Board Member, San Diego County Bar Association Community Service Committee, 2017 - 2019
· Co-Chair, Wills for Heroes - San Diego Chapter, 2017 - present
· San Diego Miramar College Paralegal Advisory Board, 2012 - present
Represented Matters
Timothy O’Brien and Liberty Diagnostics LLC v. AMBS Diagnostics, LLC, et al., Case No. GC048333 (2014)
Appellate Opinions
O'Brien v. AMBS Diagnostics, LLC, 246 Cal.App.4th 942; 201 Cal.Rptr.3d 305 (2016)
O'Brien v. AMBS Diagnostics, LLC, 38 Cal.App.5th 553; 251 Cal.Rptr.3d 41 (2019)
Lundstrom v. Young, 2021 BL 146198, 9th Cir., No. 20-55002, unpublished 4/21/21
