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.

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

  • 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

Publications

Alerts

Articles

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.

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
Butt isn't it just puffery if it is funny?
By Amy Ralph Mudge, Randal M. Shaheen
February 20, 2020
We’ve said it before, and we’ll say it again: NAD does not have a great sense of humor when it comes to false disparagement dressed up in a joke. And it hurts our hearts, as at least one of us really is a tween boy trapped in a middle-aged...
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AD-ttorneys Law Blog
The FTC, AI and Algorithms
By Amy Ralph Mudge, Randal M. Shaheen
February 13, 2020
If you got past the title to this point, congratulations – not sure that we would have. In exchange for your trust, we promise to try to address a complicated and fascinating subject in a relatively clear manner. That’s pretty much what...
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AD-ttorneys Law Blog
Facebook vs. the FTC: It's Not Over Till It's Over
By Amy Ralph Mudge, Randal M. Shaheen
December 19, 2019
Yogi Berra did indeed once famously say, “It’s not over till it’s over.” (Actually, he said, “It ain’t,” but that would not have survived the proofreader’s scrutiny). Facebook must be thinking that too when it comes to its settlement with...
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AD-ttorneys Law Blog
Are Made in USA Chickens Worthless? These and Other Deep Questions from the FTC's Made in USA Workshop
By Amy Ralph Mudge, Randal M. Shaheen
September 26, 2019
Today the Federal Trade Commission (FTC) hosted a half-day workshop looking at Made in USA claims and the FTC’s guidance and enforcement. For those who want to watch “all or substantially all” of the event, the videos and materials can be...
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AD-ttorneys Law Blog
Lead Generation Leads to FTC Settlement
By Amy Ralph Mudge, Randal M. Shaheen
September 3, 2019
There is nothing particularly new about the idea of lead generation in marketing. Companies have from the very beginning paid their own employees or paid others to help find prospects for their goods and services. However, in today’s...
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