Niall Frizzell

Of Counsel

Niall Frizzell represents clients in complex commercial disputes across a wide range of industries and areas of law. His practice spans intellectual property, antitrust, contract, administrative law, arbitration, consumer protection, privacy, and constitutional litigation. He regularly litigates high-stakes financial, regulatory, and public-policy matters, and is frequently engaged to master complex, novel subjects.

Niall has substantial experience representing technology companies in high-stakes commercial disputes, including copyright, unfair competition, and privacy matters. He defended LinkedIn against a putative class action asserting novel claims under the Video Privacy Protection Act, securing a voluntary dismissal. He has represented a semiconductor client in complex arbitration proceedings arising out of sophisticated licensing agreements, recovering more than $50 million. He represents the United Auburn Indian Community in a federal action challenging the Department of the Interior’s approval of a large casino project on tribal-sovereignty and administrative-law grounds. He has also played a key role in long-running water-rights and contract litigation on behalf of the San Diego County Water Authority, helping secure more than $100 million in damages, interest, and attorneys’ fees.

Niall’s practice also includes significant experience in intellectual property enforcement and defense across consumer, gaming, and digital-media markets. He represented Instacart in a copyright action against a competing grocery-delivery platform, securing a comprehensive permanent injunction prohibiting the misuse of Instacart’s copyrighted images. He also represented a Chinese video game developer in defending against copyright and trademark claims brought by Riot Games, successfully obtaining dismissal on forum non conveniens grounds.

Niall serves on the firm’s pro bono committee. In his pro bono practice, he was part of a team that brought a groundbreaking consumer-protection class action and secured an injunction barring a bail bond company from collecting more than $30 million in unlawful debt. The case resulted in a published Court of Appeal opinion expanding California consumer protections to the bail bond industry.

Before joining Keker, Van Nest & Peters, he served as a law clerk to Judge Marsha S. Berzon of the U.S. Court of Appeals for the Ninth Circuit and to Judge Vince Chhabria of the U.S. District Court for the Northern District of California.

Niall graduated from UC Davis School of Law. During law school, he served as a judicial extern for Judge William H. Orrick of the U.S. District Court for the Northern District of California. Before law school, he was caseworker and field representative for Congresswoman Jackie Speier and former Congresswoman Lynn Woolsey. Niall has an M.A. in political science from Columbia University and a B.A. in political science and geography from McGill University.

Cases of Note

  • San Diego County Water Authority v. Metropolitan Water District of Southern California

    For more than a decade, we have represented the San Diego County Water Authority in litigation against the Metropolitan Water District of Southern California (MWD), the regional water wholesaler for…

  • Instacart V. Cornershop Technologies

    We represented Instacart in a copyright lawsuit against Cornershop, a grocery-delivery company Uber purchased for $500 million. Cornershop launched its U.S. operations in Texas and Florida to compete with Instacart,…

  • Riot Games v. Shanghai Moonton Technology

    We represented Moonton, a Chinese video game developer, in a lawsuit filed by Riot Games asserting claims of copyright and trademark infringement relating to Riot's mobile game League of Legends:…

  • Semiconductor Company v. Supplier

    Following multi-stage arbitration proceedings between our client, one of the world’s largest technology companies, and a company that had licensed certain technology to it through a complex licensing agreement, we…

  • Cole v. LinkedIn Corporation

    We defended LinkedIn against a putative class action asserting novel claims under the Video Privacy Protection Act. The plaintiffs alleged that, by using third-party advertising and analytics technologies from Meta…

  • United Auburn Indian Community of the Auburn Rancheria v. DOI et al.

    We are representing the United Auburn Indian Community in a lawsuit contesting the Department of the Interior’s approval of the Scotts Valley Band of Pomo Indians’ application for a 615,000-square-foot…

  • Bad Boys Bail Bonds v. Caldwell

    We partnered with the Lawyers’ Committee for Civil Rights in this class action and secured a preliminary injunction barring Bad Boys Bail Bonds from collecting on more than $30 million…

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