304 Ponce de León Suite 990, San Juan PR 00918-2032​

emaldonado@smclawpr.com

(787) 765-5656

Appointment

(787) 765-5656

Appointment

Albéniz Couret-Fuentes

Mr. Albéniz Couret-Fuentes is a Partner at Sepulvado, Maldonado & Couret. He is ranked in the 2022 Chambers & Partners Latin America Guide. Mr. Couret joined the firm in September of 2009. He is a former law clerk to the Hon. Dolores Rodríguez de Oronoz, Chief Judge of the Puerto Rico Court of Appeals. Mr. Couret’s practice extends to virtually all litigation affairs of the firm, including antitrust and trade regulation, trademarks, securities, commercial litigation, distribution and franchising, constitutional law, employment law, and class actions. He has handled commercial and complex litigation, including multidistrict litigation, in courts of the Commonwealth of Puerto Rico, the U.S. district courts in Puerto Rico, New York, New Jersey, and South Carolina. Additionally, Mr. Couret has been charged with briefing several cases in the Puerto Rico Supreme Court and has authored several briefs and argued cases in the Puerto Rico Court of Appeals and the U.S. Court of Appeals for the First Circuit.

During his graduate legal studies at Boston College and The Fletcher School of Law and Diplomacy at Tufts University, Mr. Couret-Fuentes focused his coursework and research in the United States and Puerto Rican constitutional law, and legal theory. In addition, he took courses and worked on research projects concerning the law and practice of international organizations, international human rights law, self-determination law, comparative law, and the history of U.S. foreign relations. In law school, Mr. Couret-Fuentes was a member of the Inter-American University of Puerto Rico Law Review.

 

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PRACTICE AREAS

  • Oil & Gas Practice
  • Commercial Litigation
  • Injunctive Relief Practice
  • Constitutional Law
  • Antitrust and Trade Regulation
  • Trademarks and Copyright Law
  • Corporate Litigation
  • Employment and Labor Law
  • Environmental and Land Use
  • Appellate Litigation

EDUCATION

  • Boston College, LL.M., 2008
    The Fletcher School of Law and Diplomacy, Tufts University, LL.M. in International Law, 2009
  • Inter-American University of Puerto Rico, School of Law, J.D., Magna Cum Laude, 2003
  • University of Puerto Rico, Río Piedras, B.A. in Public Communication, Magna Cum Laude, 2000

BAR ADMISSIONS

  • Commonwealth of Puerto Rico
  • U.S. District Court for the District of Puerto Rico
  • US Bankruptcy Court for the District of Puerto Rico
  • U.S. Court of Appeals for the First Circuit
  • Supreme Court of the United States of America

MEMBERSHIPS

  • American Bar Association
  • Federal Bar Association

NOTABLE REPRESENTATIONS

Total Petroleum Puerto Rico Corp. v. Autoridad de los Puertos de Puerto Rico, consolidated under LAN201900094, 2020WL5289354 (P.R.C.A.June30,2020) (modified by the Puerto Rico Supreme Court as to an issue not involving firm client in 210 D.P.R.16 (2022)) handled oral argument at the Court of Appeals to obtain reversal of a trial court judgment holding that a 2014 amendment to the Puerto Rico Revenue Code had double da fee payable on jet fuels old at the Luis Muñoz Marín International Airport.

Especias Montero, Inc. v. Best Seasoning Group, Inc., Civil No. 20-1740 (GLS), 2022 WL 4449304 (D.P.R. Sept. 23, 2022) – Obtained summary judgment dismissing claims for trademark infringement and unjust competition under federal and Puerto Rico law.

Hernandez-Adorno v. LMD & Assc., LLC, No. 2:21-cv-1519-DCN, 2021 WL 3472692 (D.S.C. Aug. 6, 2021) – Achieved dismissal on the pleadings of several wage and hours claims as time-barred, persuading the court to interpret that a one-year term applied to all such claims under state law.

Ojeda v. Louis Berger Grp. (Domestic), Inc., Civ. A. No. 18-17233, 2021 WL 941875 (D.N.J. Mar. 11, 2021) – Won pre-answer motion challenging the exercise of personal jurisdiction of the New Jersey federal district court over a South Carolina limited liability company in a collective and class action under the Fair Labor Standards Act and worker protection statutes.

Ojeda v. Louis Berger Grp. (Domestic), Inc., Civ. No. 18-17233 (KM) (JBC), 2020 WL 5757805 (D.N.J. Sept. 28, 2020) – Successfully opposing motion for equitable tolling of the statute of limitations for potential plaintiffs who could decide to opt into collective action under the Fair Labor Standards Act.

Urbain Pottier v. Hotel Plaza Las Delicias, Inc., 379 F. Supp. 3d 130, 132 (D.P.R. 2019) – On an issue of first impression, obtained order of dismissal of claims under the Puerto Rico Moral Rights Act persuading the court to hold that the statute does not protect site-specific art.

CFK Sports, Inc. v. Correa–Oppenheimer, 325 F.R.D. 30 (D.P.R. 2018) – Obtained dismissal for lack of federal subject matter jurisdiction in action against for breach of contract against Major League Baseball player.

Cherox Inc. v. Tip Top Construction Corp., 175 F. Supp. 3d 1 (D.P.R. 2016), 3:15-cv-1148 (GAG), 2018 WL 10705087 (D.P.R. Mar. 27, 2018) & 2018 WL 10705088 (D.P.R. Jun 20, 2018) – In action for breach of contract against a U.S. Virgin Islands corporation and under that territory’s law, successfully argued that the U.S. District Court for the District of Puerto Rico was a proper venue to adjudicate the dispute and obtained summary judgment awarding $518,541.20 in favor of firm client and dismissing a counterclaim requesting $1,148,734.00.

In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, Civil Nos. 07-10470, 14-01014 (SAS) (S.D.N.Y.) – Represented an operating company based in Puerto Rico, a commodity trading and shipping company located in Texas, and a holding company from France in a multidistrict litigation before the U.S. District Court for the Southern District of New York involving federal and Puerto Rico law claims for alleged contamination by the gasoline additive methyl tertiary butyl ether (MTBE) and its byproduct tertiary butyl alcohol (TBA).

Saint Luke’s Memorial Hospital v. Fares Cid Mansur, et al., CC-2009-0848 (Puerto Rico Supreme Court Dec. 23, 2011) (judgment) – Granting writ of certiorari and reversing a decision of the Puerto Rico Court of Appeals that vacated an order enjoining the installation and use of nuclear medicine equipment in an office condominium. On remand and after further briefing, the Court of Appeals affirmed the lower court’s injunction.

Santiago-Sepúlveda v. Esso Standard Oil Co. (Puerto Rico), Inc. and Total Petroleum Puerto Rico Corp., 643 F.3d 1 (1st Cir. 2011) – Upholding a district court’s judgment dismissing three complaints filed by over one hundred gasoline retailers seeking declaratory and injunctive relief as well as damages. The case involved a Petroleum Marketing Practices Act-based challenge to the validity of the franchise offers by Total Petroleum Puerto Rico Corp. to former Esso Standard Oil Co. (Puerto Rico), Inc. retailers after acquiring Esso’s retail stations network following that wholesaler’s withdrawal from the Puerto Rico market.

Rubén Rosado Solano, et al. v. Franquicias de Martín’s B.B.Q., Inc., Civil No. 13-1083, 2014 WL 67336 (D.P.R. Jan. 8, 2014) – Successfully argued that claims for breach of a contract governed by Puerto Rico law concerning the use of a trademark raised a federal question for trademark infringement under the Lanham Act.

In re Methyl Tertiary Butyl Ether (MTBE) Prods. Liab. Litig., 959 F. Supp. 2d 476 (S.D.N.Y. 2013) – Won pre-answer motion to dismiss action for lack of personal jurisdiction over Total Outre-Mer, S.A., a French entity and former parent company of Total Petroleum Puerto Rico Corp., in a multidistrict litigation over the alleged contamination, actual or threatened, of soil and groundwater from the gasoline additive methyl tertiary butyl ether (MTBE) and its byproduct tertiary butyl alcohol (TBA).

Deutsche Bank Trust Co. Americas v. Doral Financial Corp., 841 F. Supp. 2d 593 (D.P.R. 2012) – Allowing most claims for damages arising out of the mishandling of a check processed through the Federal Reserve Bank system to proceed. The court also rejected the defendants’ arguments that allegations naming alternative entities were insufficient to give them adequate notice of actionable facts and the claims against them. The court further held that the limitations period for claims under Puerto Rico’s Commercial Transactions Act had been tolled.

Municipality of Isabela v. Machado Ramos, No. 12-00378, 2013 WL 4777168 (Bkrtcy. D.P.R. Sept. 5, 2013) – Obtained summary judgment in favor of Puerto Rico municipality dismissing debtor’s claim for damages for alleged violation of the Section 362(a) of the Bankruptcy Code’s automatic stay.

In re Ramos, No. 12-06448, 2012 Bankr. LEXIS 5158 (Bkrtcy. D.P.R. Nov. 2, 2012) – Obtained order for immediate surrender of nonresidential real property after the court held that the lease agreement was validly terminated pursuant to non-bankruptcy law and thus was not part of the bankruptcy estate.

Cedó Gaudier, et al. v. Elmec Industries, Inc., et al., Civil No. 11-01585 (DRD) (D.P.R.) – Represented a company dedicated to the production of custards in a dispute regarding the right to use the “FLAN-ES-CEDÓ” brand. Litigation secured Elmec Industries, Inc.’s ownership rights over the trademark and their registration in the U.S. Patent and Trademark Office.

Hernández Alonso v. Ricomini Bakery Cabo Rojo, Inc., KLAN2011-202090, 2013 WL 3356669 (Puerto Rico Court of Appeals May 21, 2013) Reversing a partial judgment from the lower court that held that a franchisee of a comfitures chain could not seek redress pursuant to the Puerto Rico Dealer’s Act.

Rosa Ramos v. Bartolo, Inc., et al., Civil No. KPE 04-1715 (902) (Puerto Rico Court of First Instance, San Juan Part) Granting summary judgment dismissing federal and state employment claims and constitutional claims against Total Petroleum Puerto Rico Corp. after concluding that the company did not become a successor employer after the termination of a franchisee’s right to operate three “TOTAL”-branded service stations.

Has represented TotalEnergies Marketing Puerto Rico Corp. (formerly Total Petroleum Puerto Rico Corp.) in several disputes in federal court regarding repossession of gasoline stations in actions based on the Petroleum Marketing Practices Act and the Lanham Act.

PUBLICATIONS

Puerto Rico Chapter (coauthored with Elaine M. Maldonado-Matías) in The Product Regulation and Liability Law Review since 2016 at present, Law Business Research Ltd. (London).

First Things First: Coming to Terms with the Origins, Meaning, and Demands of Puerto Rico’s Establishment Clause, Inter-American University of Puerto Rico Law Review, 44 (No. 1): 91-118 (August-May 2009-2010)

Separación de poderes y reclamo presidencial de autoridad para apresar indefinidamente ‘combatientes enemigos’: Un repaso a la advertencia del caso Padilla, Puerto Rico Bar Association Review, 67 (No. 4): 11-54 (2006)

El Estado de Israel como sujeto de Derecho internacional: Una reflexión sobre su legitimidad, derechos humanos y la búsqueda de la paz en el conflicto árabe-israelí, Inter-American University of Puerto Rico Law Review, 37: 1-31 (2002)

The Judicial Role in Creating Puerto Rico’s Political Condition and Contemporary Judicial Passiveness on the Subject, Letters Blogatory (guest post) (July 17, 2012)