Profile

According to the Los Angeles Business Journal, Albert “has built an impressive track record for passionate advocacy on some of the most pressing legal issues – a pillar of influence in the technology, appellate and pro bono fields.”  Albert’s litigation practice focuses on technology companies and startups, by defending disruptors faced with legal challenges and helping new business models navigate existing regulations.  His clients include some of the most respected companies in the sharing economy and e-commerce space.

In addition to defending clients as outside litigation counsel, he has been asked to serve two stints in-house at a leading technology company and provides strategic counseling on cutting-edge regulatory issues, governmental compliance, class actions, and complex consumer and employment disputes.

Albert also specializes in appellate litigation, having represented clients in numerous cases in the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, and California appellate courts. Albert has been recognized as one of the Most Influential Minority Lawyers by the Los Angeles Business Journal, one of the Best Under 40 by the National Asian Pacific American Bar Association, and a Rising Star in the appellate field by Super Lawyers and Los Angeles magazines.

Experience

Representative Trial Court Matters

  • Obtained early dismissal with prejudice of a statewide class action by plaintiff landlords alleging unfair business practices, and persuaded the trial court that landlords did not compete with his sharing economy client and lacked standing to bring suit.
  • Persuaded a federal court to dismiss a putative nationwide class action and compel arbitration on behalf of a high-profile startup, after successfully arguing that his client’s arbitration provision was enforceable and distinguishable from a competitor’s provision that had been found unconscionable
  • Successfully defended a leading technology company against a putative class action by California consumers seeking restitution of allegedly misrepresented fees, by arguing that the claims could proceed only in individual arbitration. Albert also prevailed in the Court of Appeal, arguing that the trial court’s decision did not signal the “death knell” of plaintiffs’ claims and obtaining an early dismissal of the appeal
  • Successfully persuaded a trial court to grant summary judgment in favor of one of the nation’s oldest and largest mutual fund families, on the ground that his client had not proximately caused an investor’s alleged damages
  • Obtained summary judgment on behalf of motion picture companies and filmmakers in a copyright and idea-theft lawsuit that received national media coverage, by persuading the district court that there was no substantial similarity between his clients’ motion picture and the plaintiff’s book, and that there was no implied contract for the plaintiff’s book
  • Obtained tens of millions of dollars on behalf of a multinational corporation in a lengthy JAMS arbitration, taking the lead on the issue of damages and persuading the arbitrator to award 100% of the requested damages, fees, and costs in one of the largest arbitration awards in California history

Representative Appellate Matters

  • Successfully argued in the Ninth Circuit that a victim of brutal domestic violence by a local police officer in Mexico had been subject to torture by a “public official” under the Convention Against Torture, which should not be excused under a “romantic partner” exception, in a favorable 3-0 panel decision
  • Represented more than 140 Asian American and Pacific Islander (AAPI) organizations in filing an amicus curiae brief defending the use of affirmative action to advance educational diversity in the United States Supreme Court case of Fisher v. University of Texas at Austin (Fisher II), where the majority agreed that the university’s admissions policy did not harm AAPI students
  • Served as appellate counsel for a nationwide health club and successfully persuaded the court of appeal to affirm the trial court's dismissal of a certified class action in Harper v. 24 Hour Fitness, persuading the Court of Appeal that the plaintiffs had failed to prove class-wide consumer confusion under California's Unfair Competition Law
  • Represented the California Retailers Association and several of the world’s largest retailers as amicus curiae advocating for the enforceability of co-tenancy clauses in commercial real estate leases in the California Court of Appeal case of Grand Prospect Partners v. Ross Dress for Less
  • Obtained an important and published Ninth Circuit decision securing a new trial for an inmate who had received ineffective assistance of counsel during the plea negotiation process, and successfully defended against the State of California’s petition for certiorari in the United States Supreme Court
  • Represented Equality California throughout the closely watched litigation over California’s ban on same-sex marriage, arguing that the ban’s proponents lacked standing in federal court. Not only was this briefing specifically cited in the Ninth Circuit’s order certifying the question of standing to the California Supreme Court, Perry v. Schwarzenegger, Albert co-authored an amicus curiae brief on the standing argument that ultimately prevailed in the United States Supreme Court, Hollingsworth v. Perry
  • Obtained relief under the Convention Against Torture to prevent the deportation of a transgender woman who had been brutally raped and beaten by local police in Mexico, and obtained her release after more than four years in detention, after successfully arguing in the Ninth Circuit Court of Appeals and the Board of Immigration Appeals
  • Successfully defended summary judgment, on behalf of an entertainment client in an employment action brought by a former radio manager, in the California Court of Appeal, the California Supreme Court, and the United States Supreme Court

Publications & Presentations

Program Chair and Presenter, “The Future of Marketplace Defenses: Updates and Trends in Platform Protection and Litigation,” 2018 Marketplace Risk Management Conference

Moderator, “Communicating the Realities of Safety Screening: The Importance of Educating Consumers,” 2018 Marketplace Risk Management Conference

Program Chair and Speaker, “A Turning Point: How the National Conversation about Diversity and Inclusion is Hitting Tech,” 2018 Minority Corporate Counsel Association G-TEC Conference, Plenary Session

Speaker, “Ethical Issues for In-House & Outside Counsel,” 2017 CMCP – Kaiser Permanente CLE Marathon

Speaker, “An Ounce of Prevention—Best Practices When Planning for and Facing Litigation,” 2017 Marketplace Risk Management Conference

Program Chair and Speaker, “The Sharing Economy: Disrupting the Business and Legal Landscape,” 2016 National Asian Pacific American Bar Association Annual Convention

Speaker, “A Panel Discussion on Fisher v. University of Texas,” 2013 Asian Pacific American Bar Association of Los Angeles

Education

  • Stanford Law School, J.D., With distinction
  • Amherst College, B.A., magna cum laude, Psychology

Admissions

Bars

  • California
  • U.S. District Court: Central District of California
  • U.S. District Court: Northern District of California
  • U.S. District Court: Southern District of California
  • U.S. Court of Appeals: Ninth Circuit
  • U.S. Supreme Court

Awards and Associations

Advisory Board, Marketplace Risk 

Most Influential Minority Attorneys, Los Angeles Business Journal (2016, 2017)

2017 Fellow of the Legal Council on Legal Diversity

Southern California Super Lawyers – Rising Star in Appellate Litigation (2014–present);

National Asian Pacific American Bar Association, Best Lawyers Under 40 (2013)

Board Member, Executive Advisory Council, Asian Americans Advancing Justice – Los Angeles

Co-Chair, Amicus Committee, National Asian Pacific American Bar Association

Council Member, Minority Corporate Counsel Association G-TEC Advisory Council

Clerkships

  • Hon. Richard A. Paez, U.S. Court of Appeals: Ninth Circuit