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

  • Environmental and Toxic Tort Litigation
  • Insurance Coverage
  • Product Safety
  • 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


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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.

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 TM Rated by Martindale-Hubbell, and has been for his entire career. He was acknowledged in 2014 (and in prior years) as one of California's Super Lawyers. 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.



Dec 01, 2014 FOOD COURT REPORT: Brazil v. Dole
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
May 20, 2013 Government Agencies Cannot Amend Their Rules Through Litigation Settlements
Apr 12, 2013 Alert: Ries v. Arizona Beverages


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


Apr 01, 2014 Practical Food Law Seminar - San Francisco, CA - April 1-3, 2014
Oct 31, 2013 Bob Niemann to Speak at the Monthly Meeting of the San Francisco Lawyers Networking Group


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Douglas J. Behr,Arthur S. Garrett,Eric P. Gotting,Richard J. Leighton,Robert S. Niemann, December 29, 2014
The U.S. District Court for the Northern District of California recently decertified a potential class of purchasers of a product labeled as “all natural” based on a finding that the plaintiffs’ damages expert could not demonstrate class-wide damages based on the “all...

FOOD COURT REPORT: Food Manufacturer Defeats Class Certification in Labeling Claim Because Putative Class Lacked Ascertainability
Douglas J. Behr,Arthur S. Garrett,Eric P. Gotting,Richard J. Leighton,Robert S. Niemann, November 28, 2014
Gabriel Carerra brought a class action against Bayer Corporation and Bayer Healthcare. Mr. Carrera argued that a dietary supplement, WeightSmart, falsely claimed that an ingredient enhanced metabolism. Mr. Carerra sought to have his suit certified as a class on behalf of all persons who suffered...

Food Safety Audit Firms May be Held Liable for Consumer Injuries Resulting from Negligent Inspections
Douglas J. Behr,Arthur S. Garrett,Robert S. Niemann, November 3, 2014
A food safety audit firm can be held to answer in court for claims that its negligence in performing an audit led to the sale of contaminated food and the subsequent injury, or death, of a consumer of that food. If ultimately found liable, the food safety audit firm would be required to pay damages...

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Office Information

Robert S. Niemann

One Embarcadero Center, Suite 2110
San FranciscoCA 94111


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