Randal M. Shaheen

Partner

Washington, D.C.
T +1.202.861.1521
F +1.202.861.1783

Overview

Randy Shaheen is passionate about advertising and marketing law. His pledge to clients is to respond to their needs in a timely fashion, be a good steward of the client's resources, communicate in a way that is clear and concise and work diligently to achieve the best possible outcome.

With more than 30 years of experience, Randy has been fortunate to represent many of the leading consumer goods companies with respect to counseling and before the FTC, state attorneys general, CFPB and NAD. He has also been involved in a number of groundbreaking matters, including several precedent-setting FTC safe harbor provisions, the first NAD case involving CBD and one of the earliest challenges to the constitutionality of the CFPB. His clients have great respect for his practical and thoughtful counsel and will come to him with some of their most difficult issues. He prides himself on being a thought leader, having published widely-read journal articles on topics such as Made in USA, green and pricing claims, as well as on regulators’ recent focus on “Dark Patterns.” He has also been a leader in ensuring that his clients stay up-to-date with developments in the advertising and marketing space. He helped start the first ever advertising law blog as well as the first law firm-hosted, day-long advertising CLE program. 

Randy is the firm's Washington, D.C. Digital Assets and Data Management Leader.

Select Experience

  • Represented numerous companies with respect to counseling and Federal Trade Commission (FTC) investigations related to the Children’s Online Privacy Protection Act (COPPA).
  • Represented a variety of leading companies in the hospitality industry with respect to counseling and FTC investigations related to drip pricing.
  • Represented diverse companies -- including the manufacturer of the nation's best-known yogurt brand and a top provider of network infrastructure -- on multipronged federal/state investigations and coordinated settlements.
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Experience

  • Represented numerous companies with respect to counseling and Federal Trade Commission (FTC) investigations related to the Children’s Online Privacy Protection Act (COPPA).
  • Represented a variety of leading companies in the hospitality industry with respect to counseling and FTC investigations related to drip pricing.
  • Represented diverse companies -- including the manufacturer of the nation's best-known yogurt brand and a top provider of network infrastructure -- on multipronged federal/state investigations and coordinated settlements.
  • Represented leading companies in the tobacco and alcohol industry on issues related to marketing to age-appropriate audiences.
  • Represented numerous companies before the National Advertising Division (NAD) on product performance claims, product disparagement claims, environmental claims and claim interpretation issues.
  • Represented multiple dietary supplement manufacturers in FTC investigations.
  • Represented numerous officers and directors with respect to possible FTC liability.
  • Worked with numerous survey experts to design, implement and interpret consumer surveys for use in regulatory investigations, NAD matters and Federal Lanham Act litigation.
  • Represented numerous companies with respect to counseling and FTC investigations related to marketing practices, such as continuity programs.
  • Represented numerous companies with respect to counseling and FTC investigations related to environmental marketing claims.
  • Participated in a training program for members of the direct selling industry.
  • Represented numerous companies with respect to counseling and FTC investigations related to weight loss, probiotic and other food-related health claims.

Recognitions and Memberships

Recognitions

  • Washington, D.C. "Super Lawyer" (2022)
  • Chambers USA: Nationwide: Advertising: Transactional and Regulatory (2021)
    • Band 3 (2021)
  • The Legal 500 United States (2019)
    • Recommended in Media, Technology and Telecoms - Advertising and Marketing: Transactional & Regulatory
  • The Best Lawyers in America® (2014 to Present)
    • Washington, D.C.: Advertising Law

Memberships

  • Chambers Global Practice Guide on Advertising & Marketing 2020: Contributing Editor
    • Co-Author, U.S. Chapter on Advertising Law

Publications

Alerts

Articles

Blog Posts

Pro Bono

  • Represented the highest ranking U.S. female fighter pilot in an effort to overturn a Department of Defense requirement that female military personnel in Saudi Arabia wear an abaya (a loose robe traditionally worn by Muslim women).
  • Represented a 12-year-old girl who was arrested for eating a French fry in the Washington, D.C. Metro system.

Featured Video

Marketing, Promoting and Pricing Your Products During the Pandemic
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Hear a discussion on several trending marketing, promotion and pricing issues.

Admissions

  • District of Columbia

Education

  • J.D., Harvard Law School, 1985, magna cum laude
  • B.A., Bucknell University, 1982

Blog

In The Blogs

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AD-ttorneys Law Blog
Don't Miss Special Guests at This Year's BakerHostetler Advertising and Privacy Forum
By Randal M. Shaheen
May 11, 2022
In a little over five weeks (on June 14), you can join BakerHostetler’s subject matter experts along with special speakers from the FTC and NAD. You’ll also hear from one of our new partners, Daniel Kaufman, who spent 20-plus years at the...
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AD-ttorneys Law Blog
Bamboozling Part II: The FTC Brings Back Retro Penalty Offense Letters like Bell Bottoms and Big Hair
By Daniel Kaufman, Amy Ralph Mudge, Randal M. Shaheen
April 12, 2022
What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone eras for help in...
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AD-ttorneys Law Blog
Bamboozling – Part I: Do Green Claims Require a Life Cycle Analysis?
By Daniel Kaufman, Amy Ralph Mudge, Randal M. Shaheen
April 11, 2022
The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. But we are here today to...
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AD-ttorneys Law Blog
Made in USA, Part Three – Materials Not Available in the US
By Amy Ralph Mudge, Randal M. Shaheen
February 7, 2022
This is our third blog in a series that is examining potential ambiguities in the Federal Trade Commission’s (Commission) Made in USA (MUSA) guidance – ambiguities that become particularly more important now that MUSA claims in labeling...
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AD-ttorneys Law Blog
Made in USA, Part Two – How Far Back Do You Have to Look?
By Amy Ralph Mudge, Randal M. Shaheen
January 19, 2022
Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more important to...
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