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WE THINK YOU’LL LOVE WORKING WITH US. HERE’S WHY.
Eben M. Albert Eben M. Albert

Eben M. Albert


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Meet Eben, tireless advocate for clients in and out of the courtroom.

Eben M. Albert

CONTACT
ealbert@bernsteinshur.com

207 228-7364 direct
207 774-1200 main
207 774-1127 facsimile

100 Middle Street
PO Box 9729
Portland, ME 04104-5029

AWARDS
  • Pro bono attorney of the year, Immigrant Legal Advocacy Project, 2013
  • Honored by the Maine Supreme Judicial Court’s Katahdin Counsel Recognition Program for pro bono work, 2013, 2014
  • Sumner T. Bernstein Pro Bono Award, Bernstein Shur, 2013
PRESS & PUBLICATIONS

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

Eben is an aggressive, thorough litigator who practices in both the Litigation & Dispute Resolution and Technology, Outsourcing & Data Security practice groups. He has argued numerous cases in state and federal court, including both bench and jury trials, and has participated in various administrative hearings and alternative dispute resolution (ADR) proceedings. Eben understands the importance of finding practical solutions to clients’ legal problems and adding value at every opportunity. He knows that the best result is often obtained by avoiding the courtroom altogether, but is ready to fight when the circumstances dictate.

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

  • Commercial litigation, personal injury, data security, real-estate litigation (boundary disputes, adverse possession, FEDs, etc.), professional negligence, and general civil litigation.

In his former life, Eben:

  • Went to French law school for a year, earning a Master I degree, and somehow convincing his French professors he understood what was going on to the extent they actually gave him an award
  • 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…

Working on his house, running or hiking, or playing guitar…poorly. Luckily his wife is a good singer, or the neighbors would complain. Eben now spends all of his free time with his newborn son. Eben is on the Board of Directors of the Immigrant Legal Advocacy Project, and serves on its pro bono panel. Eben is also the co-chair of the annual Muskie Access to Justice Dinner, a fundraiser supporting Maine’s legal aid institutions.

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.

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. Currently on appeal to the Law Court.

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

Numerous small victories in cases that will never be reported, but that mean the world to the client.

Background

Education
JD, Vermont Law School, 2008, magna cum laude
Master 1, Université de Cergy-Pontoise, 2008, Prix d’Excellence
BA, College of the Atlantic, 2003

Admitted to practice
State of Maine
U.S. District Court, District of Maine
U.S. Court of Appeals, First Circuit

Memberships

American Bar Association
Maine State Bar Association