David R. Merritt


David represents clients in advertising, trademark and other intellectual property disputes throughout the country. David has significant experience with all stages of litigation, including trials, appeals and TROs. He has also successfully represented clients with advertising inquiries from the FTC and with advertising disputes before the National Advertising Division of the Better Business Bureau (NAD). From major commercial advertising to social media campaigns, David also works with brands to ensure their consumer-facing communication complies with relevant federal regulations and limits their potential litigation exposure. He has extensive experience creatively guiding major technology, clothing, food and consumer goods brands through potential legal pitfalls while enabling them to make meaningful advertising claims across every media platform.

View the full bio for David R. Merritt at the Faegre Drinker website.

Posts by David R. Merritt

Reiterating Focus on Dark Patterns: The FTC’s .com Disclosures Guidance is Getting a Refresh


First released in 2000 and updated in 2013, the FTC’s .com Disclosures guidance has been relied on by advertisers hoping to “make effective disclosures in digital advertising” for the last two decades.  The FTC’s Leslie Fair recently explained that the guidance has grown a bit stale, especially in light of how quickly technology changes.  In a June 3, 2022 blog post, Ms. Fair shared that the .com Disclosures document would be getting a “start to finish reboot, given the major changes in advertising tactics and techniques that marketers use.”  In connection with this effort, the FTC issued an extensive Request for Information from the public, with all comments due to the FTC on or before August 2, 2022.  Being aware that new guidance is likely coming sometime in 2023 is useful as a “save-the-date” and makes the advertising law nerds among us excited, but an update to the .com Disclosures also has practical implications.

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A Social Contract – Terms to Consider for Influencer Advertising Agreements


Whether you’re paying big bucks for a Kardashian or providing discount coupons to a local star, hiring “influencers” to promote your company, products or services has become commonplace. But it’s not yet common to contract with influencers for their services. And that’s a mistake! If you’re hiring an influencer, you should strongly consider a written agreement.

But first, what is an influencer?

An “Influencer” is: An individual who has the power to affect purchase decisions of others because of his/her authority, knowledge, position or relationship with his/her audience. For legal purposes, an influencer is anybody your company is compensating to post, print, or otherwise disseminate information for a commercial purpose.

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