Robert S. Niemann: Lawyer with Keller and Heckman LLP

Robert S. Niemann

San Francisco,  CA  U.S.A.

Peer Rating
AV® Preeminent

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Practice Areas

  • California's Proposition 65
  • Environmental and Toxic Tort Litigation
  • Food Litigation
  • Product Safety
  • Insurance Coverage
  • Intellectual Property
  • Litigation
University University of Minnesota, B.A., 1973
Law SchoolLincoln University School of Law, J.D., 1979
Admitted1979, California; U.S. Court of Appeals for the Ninth Circuit; U.S. District Court, Eastern District of California; U.S. District Court, Northern District of California; U.S. District Court, Southern District of California; U.S. District Court, Central District of California


Defense Research Institute (Drug and Medical Device Committee, ADR State Liaison)
California Bar Association
Association of Defense Council, Northern California
Bar Association of San Francisco
Superior Court Arbitrator, San Francisco and Marin Counties


Robert Niemann joined Keller and Heckman in 2012 as a trial lawyer in the litigation department concentrating his practice in the areas of complex business and commercial litigation, trade secrets, restrictive covenants, unfair business practices, products liability, and environmental toxic torts. Mr. Niemann is co-chair of Keller and Heckman's national litigation practice, along with Arthur S. Garrett III. He is also the co-chair of the Food Law Committee of the Litigation Section of the California State Bar Association, along with Christopher Van Gundy.

Mr. Niemann has extensive experience with class actions, multidistrict litigation, mass torts and major complex cases. He has represented many clients as their national and regional coordinating counsel handling hundreds of cases and coordinating the matters with attorneys throughout the United States. He is often called upon to try the bellwether cases which determine the direction of the mass tort litigation.

Mr. Niemann takes an active role in managing litigation throughout the country for clients, working with national trial teams, experts, and attorneys from other states. His experience in over 30 years of practice includes representation of manufacturers, distributors, inventors and component suppliers of pharmaceutical products, medical devices, healthcare and food products and various consumer products. In 1997, Mr. Niemann was one of 300 attorneys worldwide selected for inclusion in the first edition of An International Who's Who of Product Liability Defense Lawyers, based on surveys and interviews with major corporations and leading products attorneys. He was selected again in 1998 and in several later editions.

Mr. Niemann has represented companies for the protection of their intellectual property rights including trade secrets, restrictive covenants, non-solicitation agreements, breach of fiduciary duties, and corporate raiding. He has prosecuted and defended temporary restraining orders, permanent injunctions, and tried numerous cases involving alleged fraudulent conduct, theft of trade secrets and corporate raiding.

Mr. Niemann has represented manufacturing companies and numerous consumer and construction equipment manufacturers for contract disputes, royalties, indemnity issues, product labeling and product liability. He has also represented companies for breach of contract, fraud, business torts, unfair competition, unfair business practices and false advertising. Within the tobacco industry, Mr. Niemann has successfully represented e-cigarette and e-liquid manufacturers, suppliers and retailers in consumer class actions.

Mr. Niemann has represented potentially responsible parties in environmental toxic tort litigation including CERCLA litigation, toxic spill litigation, vapor and chemical intrusion, site contamination, personal injury and biomonitoring.

Mr. Niemann is actively involved in ADR proceedings as a litigant and as a neutral. He presides frequently over civil arbitrations, mediations and as a Judge Pro Tem. He has arbitrated/mediated hundreds of matters in his career, and serves as a Judge Pro Tem for the San Francisco Superior Court for settlement conferences and trials. He is also an appointed arbitrator for the Counties of San Francisco and Marin. He is a panelist for the National Arbitration Forum, a national alternative dispute resolution provider.

Mr. Niemann is AV Preeminent Rated by Martindale-Hubbell, and has been for his entire career. He was selected as a California “Super Lawyer” for 2015 and 2014 (and in prior years). Additionally, Mr. Niemann was named a top rated IP lawyer, a top rated lawyer in Mass Torts Law, and a top rated lawyer for Energy Law, Environmental Law, Land Use Law by American Lawyer Media and Martindale-Hubbell for 2014.


•Nov 10, 2015 Bob Niemann Quoted in the Article FDA Seeks Comments on Use of the Term 'Natural' on Food Labels
•Oct 08, 2015 Food Court Report: GMO Claims Litigation - Consumers and Industry will be paying attention to Gallagher v. Chipotle Mexican Grill
•Mar 24, 2015 Food Court Report: How You Say It Makes a Difference - California False Advertising Claims Attacking No Trans Fat Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments
•Nov 12, 2014 FOOD COURT REPORT: Food Manufacturer Defeats Class Certification in Labeling Claim Because Putative Class Lacked Ascertainability
•Oct 22, 2014 Food Safety Audit Firms May be Held Liable for Consumer Injuries Resulting from Negligent Inspections
•Jul 19, 2013 Failure to Strictly Comply with FDA Regulations May Get You Sued
•Jul 08, 2013 N.J. District Court Refuses to Dismiss False Advertising Suit


•Dec 15, 2015 Bob Niemann Interviewed in the December 15th Article LEGAL VOX POP: Will 2016 be a bumper year for class action lawsuits? Top attorneys weigh in
•Feb 13, 2014 Bob Niemann Spoke at High Technology Crime Investigation Association Meeting
•Nov 25, 2013 Doug Behr, Alyssia Bryant, and Bob Niemann Won a Motion to Dismiss
•Sep 20, 2013 Leslie Krasny and Robert Niemann to Teach a Course for Compliance Online on Food Marketing Claims - Risk of Enforcement Actions & Class Action Lawsuits, Defense Strategies and Best Practices
•Aug 01, 2012 Nationally Recognized Litigation Practice Expands: Keller and Heckman Hires Litigation Partner Robert S. Niemann


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How You Say It Makes a Difference - California False Advertising Claims Attacking "No Trans Fat" Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments
Robert S. Niemann, April 27, 2015
The United States Court of Appeals for the Ninth Circuit held, in relevant part, that a consumer states a valid claim for false advertising when a company claims "No Trans Fats" for a product which has less than 0.5 grams of trans fats per serving (but more than 0 grams) even though Food...

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Office Information

Robert S. Niemann

One Embarcadero Center, Suite 2110
San FranciscoCA 94111


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