Brent Brehm

In November 2011, as lead attorney, Brehm secured the first trial judgment in the nation against AT&T's long-term disability plan in a hotly contested dispute.

At issue was an AT&T employee fighting to secure long-term disability benefits due to chronic fatigue syndrome.

In her lawsuit, Judi Peterson cited a federal code that provides for civil actions against employee benefit plans governed by the Employment Retirement Income Security Act of 1974. Peterson v. AT&T Umbrella Benefit Plan No. 1, C-10-03097 JCS (N.D. Cal., filed July 14, 2010).

Further complicating the case was the fact that Peterson had been diagnosed with HIV 20 years before.

"Insurance companies like tangible things," Brehm said. "Chronic fatigue syndrome doesn't lend itself to that and leads to a lot of denial."

His challenge was keeping the focus on the syndrome, which Brehm said wasn't linked to the HIV, a condition Peterson had been able to keep under control.

As for the case, he said, "It was close to scorched earth. Nothing happened without a challenge or a fight, even trial briefings, which are usually somewhat smooth in ERISA cases."

Over the years, Brehm that he has honed his skills in trying often complex ERISA cases.

"You need to know the medical conditions, as well as the doctors," he said. "And on the vocational side, you really need to educate yourself on what's going on behind the scenes, so that you can explain to a judge why what they are seeing isn't correct.

- Pat Broderick