Randal M. Shaheen

Partner

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

Overview

Randy Shaheen has more than 30 years of experience as an advertising attorney. A member of BakerHostetler's Advertising, Marketing and Digital Media team, he represents clients before a variety of regulatory agencies, including the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), National Advertising Division (NAD) and state attorneys general, and he is sought after for his handling of multijurisdictional matters. Randy's background facilitates practical insight: He has a significant history with matters related to privacy and data security, marketing to children, "green" claims, dietary supplements, claims of weight loss and health and performance, comparative claims, the use of surveys and "Made in the USA" claims.

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 multi-pronged 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 multi-pronged 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 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.
  • 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

  • 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
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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AD-ttorneys Law Blog
Auld Lang Syne 2021 – Significant Events of the Past Year
By Linda A. Goldstein, Daniel Kaufman, Amy Ralph Mudge, Randal M. Shaheen
January 4, 2022
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked four of our...
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AD-ttorneys Law Blog
Ambiguities in the FTC's New Made in USA Rule, Part 1
By Randal M. Shaheen
December 15, 2021
The FTC (the Commission) has given us plenty to write about these days, particularly as it looks for ways to beef up its ability to obtain monetary relief in light of the Supreme Court’s unanimous AMG decision. We have written a lot...
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Pillar and Post: Energy Law in the 21st Century
New Suit over "Reef-Friendly" Alba Botanica Sunscreen Illustrates the Pitfalls of Advertising a Company's Environmental Friendliness
By Andrea A. Cohen, Randal M. Shaheen
November 12, 2021
November 11, 2021 By: Randal Shaheen and Andrea Cohen A new false advertising case against the maker of Alba Botanica sunscreen demonstrates the risks of marketing a company’s environmental credentials. In a recent article, “The Difficult...
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AD-ttorneys Law Blog
Less to the FTC's Notice of Penalty Offenses Than Meets the Eye?
By Amy Ralph Mudge, Randal M. Shaheen
November 2, 2021
The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect. Hundreds, if not more, of consumer products companies are taking a second or third look at...
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