Randal M. Shaheen

Partner

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

"[Randy] is a really good lawyer who can analyze a complicated issue and really distill it down and deliver it in a way that a client can wrap their head around."

— Chambers USA 2022

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. 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 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.
More »

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 to 2022)
    • Band 3 (2021 to 2022)
  • 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
Play Video

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

Previous Next
Health Law Update
FDA Issues Guidance on Clinical Research with Cannabis
By Winston S. Kirton, Laura E. Macherelli, Lee H. Rosebush, Randal M. Shaheen
January 27, 2023
On Jan. 23, the Food and Drug Administration (FDA) finalized industry guidance for clinical research using cannabis and cannabis-derived compounds, Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research. The...
Read More ->
AD-ttorneys Law Blog
Is It Just a Puff?
By Randal M. Shaheen
January 26, 2023
My family knows that I get grumpy if we get to the theater after the previews have started, as previews are among my favorite parts of the in-theater versus stream-from-home experience. Yet many moviegoers may feel that the trailer didn’t...
Read More ->
AD-ttorneys Law Blog
The 18th Public Commission Meeting – Highlighting the Awesomeness of FTC Staff
By John P. Ferry, Daniel Kaufman, Randal M. Shaheen
January 20, 2023
The days are short and the nights are long, but at least we have the monthly public Federal Trade Commission (FTC) meeting to keep us entertained and informed during these cold months. And we had a bit of an unusual agenda yesterday. First...
Read More ->
AD-ttorneys Law Blog
FTC Updates Long-Standing Health Advertising Guidance with Lessons Learned from the 21st Century
By Daniel Kaufman, Randal M. Shaheen
January 9, 2023
In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. Of course...
Read More ->
AD-ttorneys Law Blog
Now Is Really the Time to Pay Attention to Dark Patterns – Seriously
By Daniel Kaufman, Randal M. Shaheen
December 7, 2022
For months now we have been talking about dark patterns and all the regulatory chatter associated with them. Many, including us, have been wondering whether it would end up being much ado about nothing, with dark patterns just being a new...
Read More ->