Eben M. Albert
Eben Albert focuses his practice on complex energy regulatory proceedings and litigation before state public utilities commissions including the Maine Public Utilities Commission (MPUC) and other administrative and regulatory bodies, as well as in state and federal courts. Eben has deep experience representing clients in utility ratemaking and rate design proceedings, complex utility reorganizations, requests for approvals, and various other regulatory matters.
Prior to his energy practice, Eben spent over a decade litigating cases in state and federal courts. In particular, Eben has substantial experience in complex commercial and municipal litigation and has argued numerous cases in state and federal courts including both bench and jury trials as well as appeals.
Eben understands the importance of delving into the details and nuances of each case while also understanding the broader context and policy considerations of each case. He strives to find practical solutions to issues and achieve clients’ goals while adding value at every opportunity.
Prior to joining Pierce Atwood, Eben was a partner at Bernstein Shur and was the Director of Pro Bono and Community Service. For five years, Eben has received distinction for pro bono service through the Katahdin Counsel Recognition Program and was named the 2013 Pro Bono Attorney of the Year by the Immigrant Legal Advocacy Project.
- Recognized by The Best Lawyers in America® for Commercial Litigation (2024-present)
- Recognized for pro bono service through the Katahdin Counsel Recognition Program (2012, 2013, 2021, 2022, 2023)
- Pro Bono Attorney of the Year, Immigrant Legal Advocacy Project (ILAP) (2013)
- American Bar Association
- Maine State Bar Association
- "The California Gas Charge and Beyond: Taxes and Fees in a Changing Climate," Vermont Law Review, Vol. 32:217
- Board of Directors, ILAP
Practice Areas
- Representation of large transmission and distribution utility in:
- Ratemaking proceedings, including serving as lead counsel in major distribution rate cases (e.g., MPUC Docket Nos. 2022-00252 and 2023-00336).
- Stranded cost ratemaking proceedings including annual reconciliation filings and triennial “reset” proceedings (e.g., MPUC Docket Nos. 2022-00356 and 2024-00078).
- Stranded cost rate design proceedings (e.g., MPUC Docket Nos. 2022-00160 and 2023-00230).
- Requests for MPUC approval of accounting orders for storm restoration costs (e.g., Docket No. 2023-00140).
- Revenue Decoupling Mechanism filings (MPUC Docket No. 2024-00077).
- Litigation of various disputes involving utility in the Maine courts, such as litigation regarding ownership of renewable energy certificates (“RECs”) from renewable energy facility (BCD-CIV-2024-7).
- Law Court appeals of PUC decisions (e.g., Docket PUC-23-388).
- Representing solar developer seeking Good Cause Exemption from MPUC for participation in net energy billing program (Docket No. 2024-00076).
- Representing acquirer of utility in significant reorganization proceeding pursuant to 35-A M.R.S. §708.
Latest Updates in Energy
- Represented construction company in successful appeal before the First Circuit Court of Appeals in a precedent-setting decision on who bears the risk of loss for cyber fraud, and how courts should evaluate the commercial reasonableness of internet banking security procedures under Article 4A of the Uniform Commercial Code. See Patco Construction Co., Inc. v. People’s United Bank, 684 F.3d 197 (1st Cir. 2012). The case was featured in articles in the New York Times (“A Win for Small Business in Bank Fraud Case,” Dec. 12, 2012) and the Wall Street Journal (“When Banks Are on the Hook for Cybertheft,” Nov. 29, 2012).
- Represented plaintiffs in successful federal bench trial in executive compensation dispute. See Gehrman v. Twin Rivers Paper Co., No. 1:14-cv-341, 2016 WL 5816988 (D. Me. Oct. 5, 2016).
- 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 claims against the firm.
- Represented companies in successful challenges to state contract awards pursuant to Maine state procurement laws and regulations.
- Successfully represented private company in a challenge to the company’s conversion to a nonprofit pursuant to Maine’s nonprofit conversion statute.
- Represented regional trade association on trademark infringement and unfair business practice claims, resulting in an award of nearly $1 million in damages.