Eben M. Albert

Here’s why you’ll enjoy working with him.

Eben is an experienced and skilled litigator and energy attorney who focuses in complex regulatory and administrative proceedings including utility ratemaking and related matters, as well as complex commercial litigation and municipal litigation. Eben regularly appears before the Maine Public Utilities Commission (“MPUC”) and state and federal courts in Maine, and has argued numerous cases in state and federal court, including both bench and jury trials. He is a principal member of Bernstein Shur’s Property Tax and Valuation Group and has litigated property tax proceedings involving some of the largest and most complicated assets in the state.

Eben understands the importance of finding practical solutions to legal problems and adding value at every opportunity.  He knows that the best result is often obtained by avoiding disputes in the first instance, but is ready to litigate when the circumstances dictate.

But that’s not all. Eben’s also very experienced in:

• Energy and regulatory issues, commercial litigation, property tax issues, real-estate litigation, rental property issue, professional negligence, and general civil litigation.

In his former life, Eben:

• Went to French law school for a year, earning a Master I degree in Droit des Affaires (Commercial Law)
• Was an editor of the Vermont Law Review
• Authored a legal note, “The California Gas Charge and Beyond: Taxes and Fees in a Changing Climate,” published in the Vermont Law Review

When Eben’s not working, he’s…

Running, hiking, boating, or spending time with his wife and two sons in Portland. Eben is on the Board of Directors of the Immigrant Legal Advocacy Project, and serves on its pro bono panel.

Representative Matters:

Represented Patco Construction Company in its successful appeal before the First Circuit Court of Appeals in Patco Construction Co., Inc. v. People’s United Bank, 684 F.3d 197 (1st Cir. 2012), a precedent-setting decision on who bears the risk of loss in cyber fraud, and how courts should evaluate the commercial reasonableness of internet banking security procedures under Article 4A of the Uniform Commercial Code. The Patco case was featured in articles in the New York Times (“A Win for Small Business in Bank Fraud Case,” Dec. 12, 2012), the Wall Street Journal (“When Banks Are on the Hook for Cybertheft,” Nov. 29, 2012), and others.

Gehrman v. Twin Rivers Paper Co., No. 1:14-cv-341, 2016 WL 5816988 (D. Me. Oct. 5, 2016) – Represented plaintiffs in successful federal bench trial in executive compensation dispute.

Adams et al. v. Maine Municipal Association, 2013 WL 9246553 (D. Me. Feb. 14, 2003) – Successfully represented the Maine Municipal Association in a precedent-setting case regarding the limits of the government-speech doctrine in the context of citizen referenda.

Successfully represented the Sheepscot Island Company in a challenge to the company’s conversion to a nonprofit corporation pursuant to Maine’s nonprofit corporation statute.

Participated in the successful defense of $7 million professional malpractice claim in a two-week federal jury trial.

Represented large law firm in professional malpractice claim, resulting in the dismissal of the claims against the firm.

Represented a regional trade association on trademark infringement and unfair business practice claims, resulting in an award of nearly $1 million in damages.