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. 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 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
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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
Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered
By Daniel Kaufman, Randal M. Shaheen
September 20, 2022
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually through manipulative...
Read More ->
AD-ttorneys Law Blog
Advertising and Regulation of CBD Products
By Laura E. Macherelli, Lee H. Rosebush, Randal M. Shaheen
August 9, 2022
If you have been to any kind of spa, beauty supply store or health food store in the past four years, chances are you have seen, if not purchased, a product with cannabidiol (CBD). The 2018 passage of the Farm Bill removed hemp-deprived...
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AD-ttorneys Law Blog
Testimonial Guides Update – The Things That Make Us Go Hmm
By Daniel Kaufman, Amy Ralph Mudge, Randal M. Shaheen
May 20, 2022
As we reported yesterday, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal. That said...
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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...
Read More ->