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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 1 of 207 * PUBLIC *; 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

COMPLAINT COUNSEL’S OPPOSITION TO 

NON-PARTY TRIARES, INC.’S EMERGENCY PETITION TO STAY DEPOSITION 

AND TO QUASH OR LIMIT SUBPOENA AD TESTIFICANDUM 

Triares, Inc. (“Triares”), brought its “emergency” motion to quash (“Motion”) twentyfour hours before a deposition it had known about—and had been trying to evade—since early 

July.1 This untimely Motion relies on a nonexistent agreement: that Complaint Counsel agreed it 

would withdraw its deposition subpoena in exchange for a supplemental production. As Triares 

acknowledged in its own correspondence (see Motion Exhibit J), Complaint Counsel never made 

such an agreement and agreed only to consider the possibility of voluntary withdrawal if the 

production rendered the deposition unnecessary. After receiving a production that was not what 

Triares’ Counsel described and that contained documents that do not speak for themselves, 

Complaint Counsel determined in good faith that the deposition would go forward. 

Triares’ unilateral assumption that the deposition would be cancelled should not permit it 

to dodge providing testimony on subjects that are highly relevant to the claims in this action, 

especially where the robust Protective Order governing this matter will shield Triares’ claimed 

1 Complaint Counsel convened the deposition September 1, 2022, without a deponent. Complaint Counsel reserved 

all rights on the record and considers the deposition to be pending. 

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trade secrets from disclosure. Triares’ baseless and untimely Motion should be denied, and 

Triares should appear for deposition at a mutually agreeable date. 

I. BACKGROUND 

A. Complaint Counsel’s Subpoenas, the First-Agreed Deposition Date, and Triares’ 

Much-Delayed Initial Document Production 

Triares sold consumer information to Respondent HomeAdvisor, Inc. (“HomeAdvisor”), 

which HomeAdvisor sold as “leads.” Motion at 2. The Complaint alleges HomeAdvisor 

misrepresents characteristics of its leads, including those received from Triares. Compl. ¶¶ 61-

63. On June 28, 2022, Complaint Counsel issued a Subpoena Duces Tecum (“Document 

Subpoena”) and a Subpoena Ad Testificandum (“Deposition Subpoena”) to Triares for 

information relating to the characteristics of leads it gathered and sold to HomeAdvisor. See 

PX01, attached to the accompanying Declaration of Mary Elizabeth Howe (“Howe Decl.”).2 

Triares was required to produce documents on or before July 28, 2022, and sit for deposition on 

August 11, 2022. Triares’ Motion concedes it was served with these subpoenas on or about 

July 7, 2022. Motion at 2. 

To accommodate Triares’ counsel’s travel schedule, Complaint Counsel agreed that 

Triares would not be deemed out of compliance with either subpoena if it engaged in a meet-andconfer by August 1, 2022. PX02 p. 12. At an August 1, 2022 meet-and-confer, Triares’ counsel 

stated a production responsive to the Document Subpoena would be forthcoming that day; 

however, Complaint Counsel received nothing. Howe Decl. ¶ 3.a.i. Complaint Counsel 

repeatedly followed up by email, PX02 pp. 5-9, and Triares’ counsel responded with delays. 

PX03 p. 1; PX02 p. 6; PX04 p. 1. 

2 Exhibits to the Howe Decl. are referred to herein by their “PX” designation. 

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While production was pending, Triares’ counsel emailed its availability for deposition on 

August 26, 2022, and later wrote that he “would like to discuss further whether [deposition] is 

even necessary once you have a chance to review what we provide.” PX02 p. 6. On August 18, 

2022—forty-two days after service—Triares produced two documents along with lengthy 

objections, many of which were not previously raised with Complaint Counsel. See PX05. Both 

documents produced appear to have originated from HomeAdvisor rather than Triares, id. 

pp. 16-62, and Triares objected in full to producing in response to four of the five document 

requests. On August 19, 2022, Complaint Counsel wrote to Triares’ counsel that Triares’ 

deposition would go forward as agreed on August 26, 2022. PX02 p.3. 

B. Complaint Counsel’s Agreement to Consider Voluntary Withdrawal of the 

Deposition Subpoena if Triares Made a Supplemental Document Production 

Triares’ counsel asked to confer again on August 22, 2022. PX02 pp. 1-2. On that call, 

Triares’ counsel asked if Complaint Counsel would consider accepting an additional document 

production in lieu of taking Triares’ deposition. Howe Decl. ¶ 3.b.ii. Complaint Counsel agreed 

to consider the possibility that a supplemental production might obviate the need for a 

deposition, but Complaint Counsel explained it could not consider withdrawing the deposition 

without seeing the production and could not guarantee would cancel the deposition even if 

Triares provided additional documents. Id. Complaint Counsel later memorialized this position 

via email. PX06 p. 17 (Aug. 24, 2022 Howe email); see also Motion Exhibit H. Complaint 

Counsel made clear the parameters for its agreement to consider voluntarily cancelling the 

deposition: (i) the deposition would be rescheduled to a date before the end of fact discovery to 

ensure it could go forward if necessary; (ii) Triares would execute two records certifications 

included with the Document Subpoena; and (iii) Triares would provide a concrete proposal for 

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the scope and timing of a supplemental production within 24 hours. Id. ¶ 3.b.iii. By subsequent 

email, Triares’ deposition was rescheduled to September 1, 2022. PX06 p. 14. 

Complaint Counsel never agreed during any of its conferrals with Triares’ counsel or 

subsequent email correspondence that it would cancel Triares’ deposition in exchange for an 

additional document production. See Howe Decl. ¶ 3; PX06; PX08. 

C. Triares’ Supplemental Document Productions and Failure to Appear at Deposition 

Complaint Counsel and Triares’ counsel further conferred on August 24, 2022, regarding 

the scope of Triares’ proposed supplemental production, including that Triares was preparing to 

produce a “spreadsheet” of consumer data shared with HomeAdvisor. Howe Decl. ¶ 3.c.i. On 

August 26, 2022, Triares produced 11 additional documents and a supplemental written 

response. Id. ¶¶ 4.b., 5; PX07. Complaint Counsel confirmed by email with Triares’ counsel that 

it had received the full scope of what Triares intended to produce. PX08 pp. 15-16. 

The eleven documents produced consist of: 

i. One of the two records certifications Complaint Counsel requested, Howe Decl. 

¶ 4.b.ix.; 

ii. Eight .pdf-format documents that appear to be image captures of the “submission 

form” portion of eight websites, none of which contain the date the webpage was 

captured or the websites’ respective URLs, and one of does not indicate what 

website it is, id. ¶ 4.b.i.-viii. (responsive to Req. 1); 

iii. Two .pdf-format documents that each appear to be approximately 25,000 pages of 

raw XML (eXtensible Markup Language) code of Triares’ consumer data, rather 

than the single spreadsheet of organized data that Complaint Counsel was told to 

expect, id. ¶ 4.b.x.-xi (responsive to Req. 4). 

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Complaint Counsel reviewed these documents immediately and, on the next business day, 

informed Triares’ Counsel that Triares’ deposition would go forward on September 1, as 

previously agreed. Id. ¶ 5. Triares’ Counsel thereafter filed the Motion and stated by email that 

Triares would not appear at the deposition. PX06 p.1. 

Triares did not serve Complaint Counsel with formal written objections and responses to 

the Deposition Subpoena before filing the Motion, Howe Decl. ¶ 6, and Triares’ Counsel did not 

ask for specific limitations or modifications to any deposition topic until an August 31, 2022 

email sent after service of the Motion. See PX08 pp. 1-3. On September 1, 2022, Complaint 

Counsel appeared at the deposition; Triares did not. Howe Decl. ¶ 7. 

II. ARGUMENT 

Triares’ untimely Motion grossly misstates the parties’ conferrals and course of dealing, 

referencing nonexistent “agreements” to narrow or abandon discovery. In reality, Triares has 

engaged in a campaign to evade providing any meaningful discovery, providing only 13 

documents (most of which do not speak for themselves) and failing to appear for a duly-noticed 

deposition on an agreed-upon date. 

In bringing its Motion, Triares bore the burden of showing why discovery should be 

denied, see In re Polypore Int’l, Inc., 2008 WL 4947490, at *6 (F.T.C. Nov. 18, 2008), and has 

failed to do so. The testimony sought is directly relevant to Complaint Counsel’s claims: 

HomeAdvisor is alleged to have made false or misleading claims about leads received from 

Triares, and Triares is the sole party in possession of the truth regarding how it gathered leads. 

Indeed, Triares explicitly relies on being the only party in possession of that information, stating 

that its means of gathering leads are secrets that HomeAdvisor does not know. Where, as here, a 

strict Protective Order bars disclosure of information Triares designates as “Confidential” from 

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the public and from HomeAdvisor itself, Protective Order at ¶¶ 7-8, and the information sought 

is centrally relevant, Complaint Counsel’s ability to take testimony from Triares should not be 

limited or forestalled. 

Triares’ complete disregard of this proceeding, the Rules of Procedure, and its own 

representations to Complaint Counsel should not be permitted to stand. Triares’ Motion should 

be denied, and Triares should sit for deposition. 

A. Triares’ Motion is Untimely 

Triares’ motion is plainly untimely and violates the Rules of Practice.

3

 Under 

Commission Rule 3.34(c), Triares was bound to file the Motion “within the earlier of 10 days 

after service thereof or the time for compliance therewith.” 16 C.F.R. § 3.34(c). Triares 

acknowledges it received the Deposition Subpoena on or around July 7, 2022, and the subpoena 

itself originally set the deposition for August 11, 2022. The “earlier” date by which Triares 

should have moved was therefore July 18, 2022, nearly two months ago. Instead, in that time, 

Triares rescheduled the deposition twice on mutually convenient dates, without serving even 

cursory written objections to the Deposition Subpoena or its scope, in apparent hope that the 

deposition would be voluntarily cancelled. See Howe Decl. ¶¶ 5-6; PX02 p. 8; PX06 p. 14. 

Triares’ failure to file until August 31, 2022—55 days after service, 30 days after the initial 

meet-and-confer, and the day before the agreed-upon date for the deposition—is fatal to Triares’ 

Motion.4 

3 Triares’ Motion lacks a statement under 16 C.F.R. §3.22(g); although Triares’ Counsel conferred regarding 

concerns including relevance and trade secrets, it did not raise its request to limit the deposition until after filing the 

Motion. PX08 pp. 1-3. The Scheduling Order makes clear that this failure alone is fatal to Triares’ Motion. 

Scheduling Order Additional Provision ¶ 4. 

4 Even considering Complaint Counsel’s agreement that it would not view Triares as out of compliance before 

August 1, 2022, see PX02, the filing deadline expired at the latest on August 11, 2022. 

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B. Complaint Counsel Never Agreed to Withdraw the Deposition Subpoena in 

Exchange for a Supplemental Production 

Triares’ “understanding” that its deposition would not go forward flies in the face of 

explicit admonitions—both verbal and written—that Complaint Counsel would not guarantee 

cancellation of the deposition. Even the highly selective exhibits attached by Triares make plain 

that no agreement to cancel the deposition existed: 

i. Exhibit H, August 24, 2022 (Complaint Counsel): “As we discussed, an additional 

production does not guarantee that Complaint Counsel will consent to forego your 

client’s deposition; we will have to review what your client ultimately produces to 

make that determination.” (emphasis added). 

ii. Exhibit J, August 24, 2022 (Triares’ Counsel): “As discussed, you have agreed to 

review the additional documentation/data we expect to send you tomorrow in 

consideration of withdrawing the deposition subpoena. I understand you cannot make 

that determination until you review the documentation/data . . . .” 

Rather than obviating the need for deposition, Triares’ production ensured its necessity. 

The webpages produced do not contain URLs, timestamps, or, in one case, even the name of the 

website, and they do not contain the terms and conditions that the consumer was accepting by 

submitting their information. Howe Decl. ¶ 4.b.i.-viii. Moreover, when Triares touts that it 

produced 50,000 pages of documents, it neglects to mention that thousands of pages consist of 

raw code in place of the single organized spreadsheet of consumer data that Triares claimed it 

would provide. Id. ¶¶ 3.c.i., 4.b.x.-xi. Neither this inscrutable code nor the haphazard website 

captures speak for themselves; it is necessary for Triares to testify about these documents. 

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Complaint Counsel considered in good faith whether Triares’ deposition was necessary 

and determined that it was. Complaint Counsel cannot be bound by a fictional agreement or an 

unfounded “understanding.” Triares should sit for deposition. 

C. The Testimony Sought is Highly Relevant and Should Not Be Limited 

Triares’ motion woefully misconstrues its relevance to this case. Complaint Counsel 

alleges HomeAdvisor made false or misleading statements about the leads it sells, including inter 

alia, that they concern consumers who are “serious” about hiring a service professional, not “just 

window-shop[ping],” “actively seeking the services you provide in your area,” and/or who 

knowingly sought HomeAdvisor’s assistance in selecting a service provider. See, e.g., Compl. 

¶¶ 27-29, 44, 61-63. Where Triares actually collected consumers’ information, Triares, and not 

HomeAdvisor, possesses the proof of what those consumers actually expressed and what they 

were told when they submitted their information—i.e., proof of falsity, especially where Triares 

avers that it does not share this information with HomeAdvisor. Motion at 2 (“To generate 

Leads, Triares uses proprietary technology and methodologies that it closely guards and protects 

from public disclosure including, especially, the Respondent”). Triares’ position also confirms 

this discovery is neither cumulative or duplicative because Triares alone possesses this 

information, which falls squarely within permissible discovery under Rule 3.31(c)(1). See In re 

Otto Block HeathCare N. Am. Inc., 2018 WL 1836647 (F.T.C Mar. 28, 2018) (denying motion to 

quash where respondent argued third party deponent was “uniquely in possession of” 

information “critical to the claims and defenses in this case”). 

D. The Protective Order More Than Adequately Addresses Triares’ Trade Secret 

Concerns 

The trade secret limitation Triares has requested—and never properly sought prior to the 

Motion—must be rejected. The Motion crystalizes that Triares’ supposed trade secrets are the 

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key relevant testimony that Triares must provide and no limitation should be ordered. 

Triares’ argues that testifying regarding its non-public methods will result in its 

“inevitable demise.” Motion at 10. Its hyperbole should not be credited because Triares has not 

explained why this action’s robust Protective Order is insufficient. See In re Lab. Corp., 2011 

FTC LEXIS 5, at *3-5 (Jan. 28, 2011) (denying a third party’s request to restrict discovery 

because an existing protective order would adequately protect trade secrets); see also In re Lab. 

Corp., 2011 WL 668514, at *2 (F.T.C. Feb. 17, 2011) (“‘The fact that discovery might result in 

the disclosure of sensitive competitive information is not a basis for denying such discovery.’”) 

(quoting LeBaron v. Rohm & Hass Co., 441 F.2d 575, 577 (9th Cir. 1971)). Complaint Counsel’s 

subpoenas do not demand that Triares’ “proprietary, highly confidential, and competitively 

sensitive information” be revealed to the public or even to Respondent. Triares is free to 

designate its testimony “Confidential” and ensure that (i) it may not be disclosed beyond 

“outside counsel of record for any respondent, their associated attorneys and other employees of 

their law firm(s) provided they are not employees of a respondent,” under Paragraph 7, and (ii) it 

may not be used other than in this proceeding any appeal therefrom, under Paragraph 8. Because 

Triares’ claimed interest in secrecy is adequately addressed by the Protective Order, its Motion 

should be denied. 

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CONCLUSION 

For the foregoing reasons, Triares’ Motion should be denied. 

Respectfully submitted, 

Dated: September 12, 2022 s/ M. Elizabeth Howe 

Sophia H. Calderón 

Colin D. A. MacDonald 

Breena M. Roos 

M. Elizabeth Howe 

Katharine F. Barach 

Nadine S. Samter 

Ben A. Halpern-Meeken 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Tel.: (206) 220-6350 

Fax: (206) 220-6366 

Email: scalderon@ftc.gov 

cmacdonald@ftc.gov 

broos@ftc.gov 

mhowe@ftc.gov 

kbarach@ftc.gov 

nsamter@ftc.gov 

bhalpernmeeken@ftc.gov 

Counsel Supporting the Complaint 

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CERTIFICATE OF SERVICE 

I hereby certify that on September 12, 2022, I filed the foregoing document electronically 

using the FTC’s E-Filing system, which will send notification of such filing to: 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

Constitution Center 

400 Seventh Street, SW, Suite 5610 

Washington, D.C. 20024 

ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 

I further certify that on September 12, 2022, I caused the foregoing document to be 

served via email to: 

William A. Burck 

Dawn Y. Yamane Hewett 

Kyra R. Simon 

Quinn Emanuel Urquhart & Sullivan, LLP 

1300 I Street NW, 9th Floor 

Washington, DC 20005 

(202) 538-8000 

williamburck@quinnemanuel.com 

dawnhewett@quinnemanuel.com 

kyrasimon@quinnemanuel.com 

Counsel for Respondent HomeAdvisor, Inc. 

Travis J. Jacobs 

The Jacobs Law, LLC 

36 Broomfield Street, Suite 502 

Boston, MA 02108 

(800) 642-4783 

tjacobs@thejacobslaw.com 

Counsel for Triares, Inc. 

Dated: September 12, 2022 By: 

Stephen R. Neuwirth 

Jennifer J. Barrett 

Neil T. Phillips 

George T. Phillips 

Jared Ruocco 

Kathryn D. Bonacorsi 

Quinn Emanuel Urquhart & Sullivan, LLP 

51 Madison Avenue, 22nd Floor 

New York, NY 10010 

(212) 849-7000 

stephenneuwirth@quinnemanuel.com 

jenniferbarrett@quinnemanuel.com 

neilphillips@quinnemanuel.com 

georgephillips@quinnemanuel.com 

jaredruocco@quinnemanuel.com 

kathrynbonacorsi@quinnemanuel.com 

s/ M. Elizabeth Howe 

M. Elizabeth Howe 

Counsel Supporting the Complaint 

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

DECLARATION OF MARY ELIZABETH HOWE 

My name is Mary Elizabeth Howe, I am over eighteen years of age, and I am a citizen of 

the United States. I have personal knowledge of the information contained herein. If called as a 

witness, I could and would testify as follows: 

1. I am an attorney licensed to practice law in New York and Washington, am a full-time 

employee of the Federal Trade Commission, and am Complaint Counsel in the abovecaptioned matter. 

2. On June 28, 2022, Complaint Counsel Colin D. A. MacDonald executed and served by 

mail a Subpoena Duces Tecum and a Subpoena Ad Testificandum (collectively, 

“Subpoenas”) to Triares, Inc. (“Triares”) in the above-captioned matter. See PX01, infra. 

3. Below is a summary of certain discussions that took place during meet-and-confer 

conferences that Complaint Counsel subsequently engaged in with counsel for Triares, 

Travis Jacobs of The Jacobs Law, LLC, relating to the Subpoenas. The below does not 

purport to be an exhaustive transcript of all points discussed at these meet-and-confers: 

a. First Meet-And-Confer (August 1, 2022): On August 1, 2022, Complaint 

Counsel Katherine Barach, Colin D. A. MacDonald, and I participated in a 
 

 

 

 

 

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telephonic meet-and-confer with Mr. Jacobs, arranged in advance via email. See 

PX02, infra, at pp. 9-11. 

i. During the August 1, 2022 call, Mr. Jacobs offered to produce the written 

responses and objections and documents Triares had previously produced 

in Airquip, Inc., et al. v. HomeAdvisor, Inc., et al., Case No. 1:16cv1849 

(filed July 19, 2016, D. Colo.) (“Airquip responses”) and indicated that his 

position was that these responses would satisfy the requests in Complaint 

Counsel’s Subpoena Duces Tecum to Triares. I informed Mr. Jacobs that 

Complaint Counsel could not assess the adequacy of the Airquip responses 

as a separate response to the Subpoena Duces Tecum without examining 

those documents. Mr. Jacobs indicated that he would send the Airquip 

responses to Complaint Counsel immediately following completion of the 

meet-and-confer call; Complaint Counsel and Mr. Jacobs discussed 

reconvening to discuss the sufficiency of the Airquip responses and any 

further production needed as early as the next day. 

ii. At no time during the August 1, 2022 call did Complaint Counsel agree to 

limit or otherwise modify the scope of either of the Subpoenas based on 

the proposed production by Triares of the Airquip responses. 

iii. At no time during the August 1, 2022 call did Mr. Jacobs request to limit 

or modify the scope of the Subpoena Ad Testificandum to Triares. Mr. 

Jacobs suggested that Triares could submit an affidavit in lieu of 

appearing for deposition, which Complaint Counsel indicated would not 

be sufficient. Complaint Counsel and Mr. Jacobs discussed that Mr. 
 

 

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Jacobs would verify Triares’ availability to sit for deposition on August 

22, 23, or 26, 2022. (Mr. Jacobs subsequently confirmed Triares’ 

availability to sit for deposition on August 26, 2022 by email. PX02, infra, 

at p.8). 

iv. During the call, Mr. Jacobs raised his position that, with respect to 

Request No. 3 of the Subpoena Duces Tecum, Triares viewed the 

requested materials as containing trade secrets that were not known to the 

public or to Respondent HomeAdvisor, Inc. (“HomeAdvisor”). Complaint 

Counsel conveyed the position that any trade secrets could be adequately 

protected by the Protective Order issued in this case and directed Mr. 

Jacobs to the limitation on the dissemination of materials beyond counsel 

for Respondent in Paragraph 7 of the Protective Order. 

b. Second Meet-And-Confer (August 22, 2022): On August 22, 2022, Complaint 

Counsel Ben A. Halpern-Meekin and I participated in a zoom conference call 

with Mr. Jacobs, which had been arranged by email in advance. See PX02, at pp. 

1-2. 

i. During the call, Mr. Jacobs stated his position that deposition of Triares 

was premature. I informed him that fact discovery in this action was due to 

close on September 6, 2022, and that Triares’ deposition would need to 

take place before that date. 

ii. During the call, Mr. Jacobs requested that Complaint Counsel consider 

accepting an additional document production from Triares in lieu of taking 

Triares’ deposition. I indicated that, if Triares produced additional 
 

 

 

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documents, Complaint Counsel would be willing to consider whether such 

a production would obviate the need for Triares to sit for deposition, but 

(i) Complaint Counsel could not make that determination without seeing 

the proposed production; and (ii) Complaint Counsel could not guarantee 

that it would necessarily cancel the deposition if Triares provided further 

documents. At no point during the call did Compliant Counsel agree to 

cancel Triares’ deposition solely because Triares provided additional 

documents. 

iii. During the call, I informed Mr. Jacobs of the following conditions for 

Complaint Counsel to consider cancellation of Triares’ deposition: (i) 

because Triares was proposing to provide a supplemental production too 

late for Complaint Counsel to serve it on Counsel for Respondent at least 

three Business days before the deposition (then scheduled for August 26, 

2022), Mr. Jacobs would have to provide Triares’ availability for a 

rescheduled deposition the week of August 29, 2022, through September 

2, 2022, or else the deposition would have to go forward as previously 

scheduled; (ii) at a minimum, Triares’ supplemental production would 

need to contain executed copies of two records certifications that 

Complaint Counsel included with the Subpoena Duces Tecum (see PX01, 

pp. 6-7), which Triares had not returned with its initial production; and 

(iii) Triares would need to provide Complaint Counsel with a concrete 

proposal within 24 hours regarding the scope and timing of its proposed 

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iv. Mr. Jacobs inquired about the possibility of Triares submitting written 

interrogatory responses in lieu of sitting for deposition and asked why the 

requested discovery could not be obtained directly from HomeAdvisor. He 

did not request limitations or modifications of any deposition topic. 

c. Third Meet-And-Confer (August 24, 2022): On August 24, 2022, Complaint 

Counsel Ben A. Halpern-Meekin and I participated in a zoom conference call 

with Mr. Jacobs, which had been arranged by email in advance, see PX06, infra, 

at p.16. 

i. During the call, Mr. Jacobs explained that his client was compiling what 

he specifically described as a “spreadsheet” that would contain data 

responsive to Request No. 4 of the Subpoena Duces Tecum. He described 

that the spreadsheet would contain both (i) information submitted to 

Triares by consumers and then transmitted to HomeAdvisor and (ii) 

column headings that would identify specific questions that consumers 

answered in submitting their information to Triares, including any set 

options the customer was asked to select between when providing their 

answers (i.e., from a dropdown/multiple choice menu). 

ii. As Triares had previously refused to produce any documents in response 

to Subpoena Duces Tecum Request Nos. 1 and 2 on the grounds that it 

viewed this information as trade secrets that were unknown to 

HomeAdvisor, I requested that Triares produce image captures of the 

current and historical version of websites of which Triares knew 
 

 

 

 

 

 

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HomeAdvisor to be already aware, specifically including homeyou.com 

and ehardhat.com. 

iii. During the call, I reiterated that Triares would need to provide copies of 

the two record certifications Complaint Counsel had requested and 

included with the subpoena in order for Complaint Counsel to cancel the 

deposition. 

iv. During the call, I informed Mr. Jacobs that Complaint Counsel could not 

consider the sufficiency of a proposed supplemental production as a 

potential alternative to deposition without rescheduling the deposition to a 

date certain before the close of fact discovery, to preserve Complaint 

Counsel’s ability to take the deposition, if necessary, after receipt of the 

production. I informed Mr. Jacobs that if Triares did not provide a new 

date for deposition by the close of business on August 25, 2022, and if that 

date was not confirmed with Counsel for HomeAdvisor, Complaint 

Counsel would proceed with Triares’ deposition on August 26, 2022, as 

previously scheduled. At no point during the call did Compliant Counsel 

agree to cancel Triares’ deposition if Triares provided additional 

documents. 

v. At no point during the call did Mr. Jacobs raise any objections to the scope 

of the deposition or request any limitation to the scope of the deposition. 

4. Below is a summary of the productions received by Complaint Counsel in response to the 

Subpoena Duces Tecum to Triares: 
 

 

 

 

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a. Initial Production (August 18, 2022): On August 18, 2022, Mr. Jacobs served 

Complaint Counsel by email with a 62-page .pdf-format document containing the 

15-page-long “Responses and Objections of Non-Party Triares Inc. to Subpoena 

Duces Tecum” and 47 pages branded with “TRIARES INC (Non-Party) Response 

8/18/2022” and consecutively numbered pages. See PX05, infra. 

b. Supplemental Production (August 26, 2020): On August 26, 2022, Triares 

produced a supplemental written response to the Subpoena Duces Tecum (see 

PX07, infra) and eleven documents to Complaint Counsel. The documents 

produced are described below and, except where indicated, were designated 

Confidential by Triares under the Protective Order in this case: 

i. “0048-0050.pdf” is a three-page document which appears to be a .pdf 

conversion of a submission form from a website (i.e., a form seeking that 

an internet user submit information to the website’s operator). The trade 

name of the website is visible, but the capture does not include the URL of 

the webpage or the date the conversion was performed, and it includes no 

other pages from the website beyond the submission form. 

ii. “0051-0057.pdf” is a seven-page document which appears to be a .pdf 

conversion of a submission form from a website. The name of the website 

is visible, but the capture does not include the URL of the webpage or the 

date the conversion was performed, and it includes no other pages from 

the website beyond the submission form. 

iii. “0058-0065.pdf” is an eight-page document which appears to be a .pdf 

conversion of a submission form from a website. The trade name of the 
 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 19 of 207 * PUBLIC *; 

website is visible, but the capture does not include the URL of the 

webpage or the date the conversion was performed, and it includes no 

other pages from the website beyond the submission form. 

iv. “0066-0072.pdf” is a seven-page document which appears to be a .pdf 

conversion of a submission form from a website. The trade name of the 

website is visible, but the capture does not include the URL of the 

webpage or the date the conversion was performed, and it includes no 

other pages from the website beyond the submission form. 

v. “0073-0079.pdf” is a seven-page document which appears to be a .pdf 

conversion of a submission form from a website. The trade name of the 

website is visible, but the capture does not include the URL of the 

webpage or the date the conversion was performed, and it includes no 

other pages from the website beyond the submission form. 

vi. “0080-0087.pdf” is an eight-page document which appears to be a .pdf 

conversion of a submission form from a website. The trade name of the 

website is not visible, and the capture does not include the URL of the 

webpage or the date the conversion was performed, and it includes no 

other pages from the website beyond the submission form. 

vii. “0088-0094.pdf” is a seven-page document which appears to be a .pdf 

conversion of a submission form from a website. The trade name of the 

website is visible, but the capture does not include the URL of the 

webpage or the date the conversion was performed, and it includes no 

other pages from the website beyond the submission form. 
 

 

 

 

 

 

 

 

 

 

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viii. “0095-0096.pdf” is a two-page document which appears to be a .pdf 

conversion of a submission form from a website. The trade name of the 

website is visible, but the capture does not include the URL of the 

webpage or the date the conversion was performed, and it includes no 

other pages from the website beyond the submission form. 

ix. “KOR Certificate 8-26-2022.pdf” is an executed Certification of Records 

of Regularly Conducted Activity as requested by Complaint Counsel’s 

Subpoena Duces Tecum, see PX01 at p.7, and is not designated 

Confidential; 

x. “000097-026041.pdf” is a 25,945-page .pdf-format document which 

appears to be a conversion of a text (or similar format) file containing the 

raw XML (eXtensible Markup Language) code utilized by Triares to 

transmit “lead” data for individual consumers to HomeAdvisor for leads 

dated between September 1, 2020, and September 15, 2020. While the 

lead data in this document appears to include the consumer information 

that was collected by Triares, the XML code does not appear to include 

the specific text of the prompts to which the customer was replying nor 

any options from which the customer selected. 

xi. “026042-053892.pdf” is a 27,851-page .pdf-format document which 

appears to be a conversion of a text (or similar format) file containing the 

raw XML code utilized by Triares to transmit “lead” data for individual 

consumers to HomeAdvisor for leads dated between September 15, 2020, 

and September 30, 2020. While the lead data in this document appears to 
 

 

 

 

 

 

 

 

 

 

 

 

 

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include the consumer information that was collected by Triares, the XML 

code does not appear to include the specific text of the prompts to which 

the customer was replying nor any options from which the customer 

selected. 

5. By written correspondence, Triares’ deposition was rescheduled to September 1, 2022, 

beginning at 9:00 a.m. Pacific Daylight Time. See PX06 at p.14. Triares’ supplemental 

production was produced to Complaint Counsel in two parts via ProofPoint and DropBox 

document transfer systems at 2:17 p.m. and 2:21 p.m. Pacific Daylight Time, 

respectively, on Friday August 26, 2022. Complaint Counsel downloaded the production 

immediately upon receipt and wrote to Mr. Jacobs to confirm what files had been 

received and downloaded (see PX06 at p.13-14), and thereafter served the supplemental 

production on counsel for HomeAdvisor. Complaint Counsel reviewed these productions 

for sufficiency that evening and over the weekend of August 27-28, 2022, and informed 

Mr. Jacobs via email at approximately 2:10 p.m. Pacific Daylight Time (5:10 p.m. 

Eastern) on August 29, 2022, that Complaint Counsel had determined that the deposition 

of Triares would need to go forward. See PX06 at p.12. 

6. On August 31, 2022, Mr. Jacobs served Complaint Counsel via email with Non-Party 

Triares, Inc.’s Emergency Petition to Stay Deposition and to Quash or Limit Subpoena 

Ad Testificandum (“Motion”). PX06 at pp.1-2. On that same day, in order to ensure that 

Counsel for Respondent was aware of Triares’ Motion because Complaint Counsel had 

received no confirmation of AEFS filing and the Motion did not contain a certificate of 

service, Complaint Counsel emailed Counsel for HomeAdvisor to provide a copy of the 

Motion and to state that Complaint Counsel intended to appear at the remote deposition 
 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 22 of 207 * PUBLIC *; 

as scheduled. At no time prior to the filing of the Motion did Triares serve Complaint 

Counsel with any formal written objections or responses to the Subpoena Ad 

Testificandum. 

7. On September 1, 2022, at approximately 9:11a.m. Pacific Daylight Time, I convened the 

remote deposition of Triares; I noted on record that Triares, through its designee(s), had 

failed to appear and reserved Complaint Counsel’s rights and remedies with respect to the 

deposition going forward at a later date. Counsel for HomeAdvisor was in attendance and 

stated on record that HomeAdvisor took no position regarding Triares’ failure to appear 

at the deposition. 

8. I attach the below exhibits to this Declaration: 

a. Attached hereto as PX01 is a true and correct copy of the subpoena package 

served on Triares by mail on June 28, 2022, containing Complaint Counsel’s 

Subpoena Duces Tecum and Subpoena Ad Testificandum to Triares. 

b. Attached hereto as PX02 is a true and correct copy of an email exchange between 

Complaint Counsel and attorneys from The Jacobs Law LLC, including Amie 

DiGiampalo and Travis Jacobs, from between July 14, 2022, and August 22, 

2022. 

c. Attached hereto as PX03 is a true and correct copy of an email exchange between 

Complaint Counsel and attorneys from The Jacobs Law LLC, including Amie 

DiGiampalo and Travis Jacobs, from between July 14, 2022, and August 2, 2022. 

d. Attached hereto as PX04 is a true and correct copy of an email exchange between 

Complaint Counsel and attorneys from The Jacobs Law LLC, including Amie 
 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 23 of 207 * PUBLIC *; 

DiGiampalo and Travis Jacobs, from between July 14, 2022, and August 12, 

2022. 

e. Attached hereto as PX05 is a true and correct copy of a 62-page .pdf document 

served by email by Travis Jacobs on August 18, 2022, containing a 15-page 

document entitled “Responses and Objections of Non-Party Triares Inc. to 

Subpoena Duces Tecum” and 47 pages branded with “TRIARES INC (NonParty) Response 8/18/2022” and consecutive page numbering from 0001 through 

0047. Complaint Counsel received similar documents to the pages numbered 

0001-0047 from HomeAdvisor in discovery in this matter which HomeAdvisor 

designated “Confidential” under the Protective Order in this case. In an 

abundance of caution, Complaint Counsel has redacted these documents from the 

public version of this filing. 

f. Attached hereto as PX06 is a true and correct copy of an email exchange between 

Complaint Counsel and Travis Jacobs of The Jacobs Law LLC from between 

August 22, 2022, and August 31, 2022. 

g. Attached hereto as PX07 is a true and correct copy of a document entitled 

“Supplemental Responses and Objections of Non-Party Triares Inc. to Subpoena 

Duces Tecum,” served on Complaint Counsel on August 26, 2022. 

h. Attached hereto as PX08 is a true and correct copy of an email exchange between 

Complaint Counsel and Travis Jacobs of The Jacobs Law LLC from between 

August 22, 2022, and August 31, 2022. 
 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 24 of 207 * PUBLIC *; 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and 

correct. 

Executed on September 12, 2022. s/ Mary Elizabeth Howe 

Mary Elizabeth Howe 

Counsel Supporting the Complaint 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 25 of 207 * PUBLIC *; 

PX01
Erik Winker, Federal Trade Commission

July 28, 2022 by 5:00 p.m. (Pacific Time)

Documents set forth in the accompanying Attachment A.

The Honorable D. Michael Chappell

Via electronic mail/transmission to: 

Erik Winker

Federal Trade Commission

Northwest Region 

915 Second Ave., Suite 2896

Seattle, WA 98174

ewinker@ftc.gov/ 206.220.6351

Colin D. A. MacDonald

Federal Trade Commission

Northwest Region 

915 Second Ave., Suite 2896

Seattle, WA 98174

cmacdonald@ftc.gov/ 206.220.4474

6/28/2022 s/ Colin D. A. MacDonald

In the Matter of HomeAdvisor, Inc. (Dkt. No. 9407)

Triares, Inc.

c/o Agents and Corporations, Inc., registered agent

1201 Orange St., Ste. 600, One Commerce Center

Wilmington, DE 19801

Subpoena for Production of Documentary Material

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 26 of 207 * PUBLIC *; 

Provided by the Secretary of the Federal Trade Commission, and 

Issued Pursuant to Commission Rule 3.34(b), 16 C.F.R. § 3.34(b)(2010) 

1. TO 2. FROM 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

This subpoena requires you to produce and permit inspection and copying of designated books, documents (as defined in 

Rule 3.34(b)), or tangible things, at the date and time specified in Item 5, and at the request of Counsel listed in Item 9, in 

the proceeding described in Item 6. 

3. PLACE OF PRODUCTION 4. MATERIAL WILL BE PRODUCED TO 

5. DATE AND TIME OF PRODUCTION 

6. SUBJECT OF PROCEEDING 

7. MATERIAL TO BE PRODUCED 

8. ADMINISTRATIVE LAW JUDGE 

Federal Trade Commission 

Washington, D.C. 20580 

9. COUNSEL AND PARTY ISSUING SUBPOENA 

DATE SIGNED SIGNATURE OF COUNSEL ISSUING SUBPOENA 

INSTRUCTIONS AND NOTICES 

The delivery of this subpoena to you by any method prescribed by the 

Commission's Rules of Practice is legal service and may subject you 

to a penalty imposed by law for failure to comply. This subpoena 

does not require approval by OMB under the Paperwork Reduction 

Act of 1980. 

PETITION TO LIMIT OR QUASH 

The Commission's Rules of Practice require that any petition to limit 

or quash this subpoena be filed within the earlier of ten days after 

service thereof or the time for compliance therewith. The original and 

twelve copies of the petition must be filed with the Secretary of the 

Federal Trade Commission, and one copy should be sent to the 

Commission Counsel named in Item 9. 

YOUR RIGHTS TO REGULATORY ENFORCEMENT 

FAIRNESS 

The FTC has a longstanding commitment to a fair regulatory 

enforcement environment. If you are a small business (under Small 

Business Administration standards), you have a right to contact the 

Small Business Administration's National Ombudsman at 1-888-

REGFAIR (1-888-734-3247) or www.sba.gov/ombudsman regarding the 

fairness of the compliance and enforcement activities of the agency. 

You should understand, however, that the National Ombudsman cannot 

change, stop, or delay a federal agency enforcement action. 

The FTC strictly forbids retaliatory acts by its employees, and you will 

not be penalized for expressing a concern about these activities. 

TRAVEL EXPENSES 

Use the enclosed travel voucher to claim compensation to which you are entitled as a witness for the Commission. The completed travel voucher and this 

subpoena should be presented to Commission Counsel for payment. If you are permanently or temporarily living somewhere other than the address on this 

subpoena and it would require excessive travel for you to appear, you must get prior approval from Commission Counsel. Witness travelers can contact the 

FTC travel office for guidance at (202) 326-3299 or travel@ftc.gov. PLEASE NOTE: Reimbursement for necessary transportation, lodging, and per diem 

expenses cannot exceed the maximum allowed for such expenses by an employee of the federal government. 

A copy of the Commission's Rules of Practice is available online at http://bit.ly/FTCsRulesofPractice. Paper copies are available upon request. 

FTC Form 70-E rev. 10/2020 
 

 

 

 

________________________________________________ 

________________________________________________ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 27 of 207 * PUBLIC *; 

ATTACHMENT A 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

Pursuant to the Federal Trade Commission’s Rules of Practice, 16 C.F.R. § 3.34, and the 

Definitions and Instructions set forth below, Complaint Counsel hereby requests that Triares, 

Inc., produce all documents, electronically stored information, and other things in its possession, 

custody, or control responsive to the following requests within 30 days via electronic mail, or at 

such time and place as may be agreed upon by all counsel. 

I. REQUESTS FOR PRODUCTION 

1. Each version of any web-page or other consumer-facing interface, whether electronic or 

physical, by which You obtained Consumer-Specific Information that You 

subsequently provided to HomeAdvisor. 

2. To the extent that any Document identified and produced in response to Request for 

Production No. 1 was made available by You at an internet address, and the Uniform 

Resource Locator (URL) for that internet address is not included within the Document, 

Documents sufficient to show the URL at which the Document is or was located. 

3. Documents sufficient to show all discrete categories of Consumer-Specific 

Information (e.g., name, address, phone number, e-mail address, specific home project 

needs) that You provide or have provided to HomeAdvisor. 

4. All Consumer-Specific Information You provided to HomeAdvisor in September 

2020. 

5. All complaints You have received from third parties, including Service Providers and 

Persons whose Customer-Specific Information You obtained, regarding Your 

provision of Consumer-Specific Information to HomeAdvisor. 

- 1 -
 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 28 of 207 * PUBLIC *; 

II. DEFINITIONS 

Notwithstanding any definition below, each word, term, or phrase used in this Schedule is 

intended to have the broadest meaning permitted under the Federal Trade Commission’s Rules of 

Practice. 

1. “And” and “or” shall be construed either disjunctively or conjunctively as 

necessary to bring within the scope of the request any information that might 

otherwise be construed to be outside its scope. 

2. “Any” shall be construed to include “all,” and “all” shall be construed to 

include the word “any.” 

3. “Each” shall be construed to include “every,” and “every” shall be construed to 

include “each.” 

4. “Includes” or “including” means “including, but not limited to,” so as to avoid 

excluding any information that might otherwise be construed to be within the 

scope of any request for information. 

5. “Consumer-Specific Information” means information that is, or purports to 

be, exclusive to a single Person or single household. 

6. “Document” is synonymous in meaning and equal in scope to the usage of the 

terms as defined by 16 C.F.R. § 3.34(b), and includes, without limitation, the 

complete original and any non-identical copy (whether different from the 

original because of notations on the copy or otherwise), regardless of origin or 

location, of any written, typed, printed, transcribed, filmed, punched, or 

graphic matter of every type and description, however and by whomever 

prepared, produced, disseminated or made, including any advertisement, book, 

pamphlet, periodical, contract, correspondence, file, invoice, memorandum, 

note, telegram, report, record, handwritten note, working paper, routing slip, 

chart, graph, paper, index, map, tabulation, manual, guide, outline, script, 

abstract, history, calendar, diary, journal, agenda, minute, code book, or label. 

“Document” shall also include electronically stored information (“ESI”). ESI 

means the complete original and any nonidentical copy (whether different from 

the original because of notations, different metadata, or otherwise), regardless 

of origin or location, of any electronically created or stored information, 

including electronic mail, instant messaging, videoconferencing, and other 

electronic correspondence (whether active, archived, or in a deleted items 

folder), word processing files, spreadsheets, databases, and sound recordings, 

whether stored on cards, magnetic or electronic tapes, disks, computer files, 

computer or other drives, cell phones, Blackberry, PDA, or other storage 

media, and such technical assistance or instructions as will enable conversion 

of such ESI into a reasonably usable form. 

- 2 -
 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 29 of 207 * PUBLIC *; 

7. “HomeAdvisor” means HomeAdvisor, Inc., also doing business as Angi 

Leads, also doing business as HomeAdvisor Powered by Angi, or any agent, 

employee, officer, or representative thereof. 

8. “Person” means any individual, group, unincorporated association, limited or 

general partnership, corporation, or other business or nonprofit entity. 

9. “Service Provider” means a Person who sells home services and has 

purchased a membership from HomeAdvisor. 

10. “You,” “Your,” or “Yourself” means Triares, Inc., or any agent, employee, 

officer, or representative thereof. 

11. The use of the singular includes the plural, and the plural includes the singular. 

12. The use of a verb in any tense shall be construed as the use of the verb in all 

other tenses. 

13. The spelling of a name shall be construed to include all similar variants 

thereof. 

III. INSTRUCTIONS 

1. Unless otherwise specified, the time period covered by these Requests for Production 

shall include all Documents created or in effect from July 31, 2014, to the present. 

2. All Documents produced in response to these requests shall be clearly and precisely 

identified as to the Request(s) to which they are responsive. Documents that may be 

responsive to more than one Request need not be submitted more than once; however, 

Your response shall indicate, for each Document submitted, all Requests to which the 

Documents are responsive. 

3. A complete copy of each Document should be submitted even if only a portion of the 

Document is within the terms of the Document Request. The Document shall not be 

edited, cut, or expunged and shall include all covering letters and memoranda, transmittal 

slips, appendices, tables, or other attachments. 

4. Each page submitted should be marked with a unique “Bates” Document tracking 

number. 

5. Documents covered by these specifications are those that are in Your possession or 

under Your actual or constructive custody or control, whether or not such Documents 

were received from or disseminated to any other Person or entity including attorneys, 

accountants, directors, officers, employees, independent contractors, and volunteers. 

6. If any requested material is withheld based on a claim of privilege, submit, together with 

such claim, a schedule of items withheld that states individually for each item withheld: 

- 3 -
 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 30 of 207 * PUBLIC *; 

(a) the type, title, specific subject matter, and date of the item; (b) the names, addresses, 

positions, and organizations of all authors and recipients of the item; and (c) the specific 

grounds for claiming that item as privileged. If only part of a responsive Document is 

privileged, all non-privileged portions of the Document must be submitted. 

7. If any of the responsive Documents are in the form of ESI, please produce these 

Documents in their existing, native formats. 

8. On March 14, 2022, the Court entered a Protective Order Governing Discovery Material 

in this matter. A copy of the protective order is enclosed with instructions on the 

handling of confidential information. 

9. In lieu of producing at the time, date, and place set forth on the subpoena, please contact 

Eric Winker (206.220.6351; ewinker@ftc.gov) by email or telephone at least five days 

before the return date for instructions on how to produce information responsive to this 

subpoena. 

10. The Document Requests are continuing in character so as to require You to produce 

additional information promptly upon obtaining or discovering different, new, or further 

information before the close of discovery on September 6, 2022. 

11. Attached is a Certification of Records of Regularly Conducted Activity. Please execute 

and return this Certification with Your response. Completing this certification may 

reduce the need for You to testify at future proceedings to establish the admissibility of 

Documents produced in response to this subpoena. 

- 4 -
 

 

 

 

__________________________ _____________________________ 

__________________________ _____________________________ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 31 of 207 * PUBLIC *; 

CERTIFICATION 

Pursuant to 28 U.S.C. §1746, I hereby certify under penalty of perjury that this response to the 

Request for Production of Documents has been prepared by me or under my personal supervision 

from records of Triares, Inc., and is complete and correct to the best of my knowledge and belief. 

Where copies rather than original documents have been submitted, the copies are true, correct, 

and complete copies of the original documents. If the Commission uses such copies in any court 

or administrative proceeding, Triares, Inc., will not object based upon the Commission not 

offering the original document. 

Signature of the Official Title/ Company 

Printed Name of the Official Dated 

- 5 -
 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 32 of 207 * PUBLIC *; 

CERTIFICATION OF RECORDS OF REGULARLY CONDUCTED ACTIVITY 

Pursuant to 28 U.S.C. § 1746 

1. I, __________________________, have personal knowledge of the facts set forth below 

and am competent to testify as follows: 

2. I have authority to certify the authenticity of the records produced by Triares, Inc. (the 

“Company”) and attached hereto. 

3. The documents produced and attached hereto by the Company are originals or true copies 

of records of regularly conducted activity that: 

a) Were made at or near the time of the occurrence of the matters set forth by, or 

from information transmitted by, a person with knowledge of those matters; 

b) Were kept in the course of the regularly conducted activity of the Company; and 

c) Were made by the regularly conducted activity as a regular practice of the 

Company. 

I certify under penalty of perjury that the foregoing is true and correct. 

Date: _________________________ ______________________________ 

Signature 

- 6 -
A 

) 

HomeAdvisor, Inc., a corporation, )

 d/b/a Angi Leads, ) Docket No. 9407 

 d/b/a HomeAdvisor Powered By Angi, )) 

Respondent. )

__________________________________________)

PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL 

Commission Rule 3.31(d) states: “In order to protect the parties and third parties against 

improper use and disclosure of confidential information, the Administrative Law Judge shall 

issue a protective order as set forth in the appendix to this section.” Pursuant to Commission 

Rule 3.31(d), the protective order set forth in the appendix to that section is attached verbatim as 

Attachment A and is hereby issued. 

ORDERED: 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: March 14, 2022 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/14/2022 | DOCUMENT NO. 604154 | Page 2 of 4 | PUBLIC PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 34 of 207 * PUBLIC *; 

PUBLIC 

ATTACHMENT A 

For the purpose of protecting the interests of the parties and third parties in the abovecaptioned matter against improper use and disclosure of confidential information submitted or 

produced in connection with this matter: 

IT IS HEREBY ORDERED THAT this Protective Order Governing Confidential 

Material (“Protective Order”) shall govern the handling of all Discovery Material, as hereafter 

defined. 

1. As used in this Order, “confidential material” shall refer to any document or portion thereof 

that contains privileged, competitively sensitive information, or sensitive personal information. 

“Sensitive personal information” shall refer to, but shall not be limited to, an individual’s Social 

Security number, taxpayer identification number, financial account number, credit card or debit 

card number, driver’s license number, state-issued identification number, passport number, date 

of birth (other than year), and any sensitive health information identifiable by individual, such as 

an individual’s medical records. “Document” shall refer to any discoverable writing, recording, 

transcript of oral testimony, or electronically stored information in the possession of a party or a 

third party. “Commission” shall refer to the Federal Trade Commission (“FTC”), or any of its 

employees, agents, attorneys, and all other persons acting on its behalf, excluding persons 

retained as consultants or experts for purposes of this proceeding. 

2. Any document or portion thereof submitted by a respondent or a third party during a Federal 

Trade Commission investigation or during the course of this proceeding that is entitled to 

confidentiality under the Federal Trade Commission Act, or any regulation, interpretation, or 

precedent concerning documents in the possession of the Commission, as well as any 

information taken from any portion of such document, shall be treated as confidential material 

for purposes of this Order. The identity of a third party submitting such confidential material 

shall also be treated as confidential material for the purposes of this Order where the submitter 

has requested such confidential treatment. 

3. The parties and any third parties, in complying with informal discovery requests, disclosure 

requirements, or discovery demands in this proceeding may designate any responsive document 

or portion thereof as confidential material, including documents obtained by them from third 

parties pursuant to discovery or as otherwise obtained. 

4. The parties, in conducting discovery from third parties, shall provide to each third party a copy 

of this Order so as to inform each such third party of his, her, or its rights herein. 

5. A designation of confidentiality shall constitute a representation in good faith and after careful 

determination that the material is not reasonably believed to be already in the public domain and 

that counsel believes the material so designated constitutes confidential material as defined in 

Paragraph 1 of this Order. 

2 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/14/2022 | DOCUMENT NO. 604154 | Page 3 of 4 | PUBLIC PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 35 of 207 * PUBLIC *; 

PUBLIC 

6. Material may be designated as confidential by placing on or affixing to the document 

containing such material (in such manner as will not interfere with the legibility thereof), or if an 

entire folder or box of documents is confidential by placing or affixing to that folder or box, the 

designation “CONFIDENTIAL – FTC Docket No. 9407” or any other appropriate notice that 

identifies this proceeding, together with an indication of the portion or portions of the document 

considered to be confidential material. Confidential information contained in electronic 

documents may also be designated as confidential by placing the designation “CONFIDENTIAL 

– FTC Docket No. 9407” or any other appropriate notice that identifies this proceeding, on the 

face of the CD or DVD or other medium on which the document is produced. Masked or 

otherwise redacted copies of documents may be produced where the portions deleted contain 

privileged matter, provided that the copy produced shall indicate at the appropriate point that 

portions have been deleted and the reasons therefor. 

7. Confidential material shall be disclosed only to: (a) the Administrative Law Judge presiding 

over this proceeding, personnel assisting the Administrative Law Judge, the Commission and its 

employees, and personnel retained by the Commission as experts or consultants for this 

proceeding; (b) judges and other court personnel of any court having jurisdiction over any 

appellate proceedings involving this matter; (c) outside counsel of record for any respondent, 

their associated attorneys and other employees of their law firm(s), provided they are not 

employees of a respondent; (d) anyone retained to assist outside counsel in the preparation or 

hearing of this proceeding including consultants, provided they are not affiliated in any way with 

a respondent and have signed an agreement to abide by the terms of the protective order; and (e) 

any witness or deponent who may have authored or received the information in question. 

8. Disclosure of confidential material to any person described in Paragraph 7 of this Order shall 

be only for the purposes of the preparation and hearing of this proceeding, or any appeal 

therefrom, and for no other purpose whatsoever, provided, however, that the Commission may, 

subject to taking appropriate steps to preserve the confidentiality of such material, use or disclose 

confidential material as provided by its Rules of Practice; sections 6(f) and 21 of the Federal 

Trade Commission Act; or any other legal obligation imposed upon the Commission. 

9. In the event that any confidential material is contained in any pleading, motion, exhibit or 

other paper filed or to be filed with the Secretary of the Commission, the Secretary shall be so 

informed by the Party filing such papers, and such papers shall be filed in camera. To the extent 

that such material was originally submitted by a third party, the party including the materials in 

its papers shall immediately notify the submitter of such inclusion. Confidential material 

contained in the papers shall continue to have in camera treatment until further order of the 

Administrative Law Judge, provided, however, that such papers may be furnished to persons or 

entities who may receive confidential material pursuant to Paragraphs 7 or 8. Upon or after filing 

any paper containing confidential material, the filing party shall file on the public record a 

duplicate copy of the paper that does not reveal confidential material. Further, if the protection 

for any such material expires, a party may file on the public record a duplicate copy which also 

contains the formerly protected material. 

10. If counsel plans to introduce into evidence at the hearing any document or transcript 

containing confidential material produced by another party or by a third party, they shall provide 

advance notice to the other party or third party for purposes of allowing that party to seek an 

order that the document or transcript be granted in camera treatment. If that party wishes in 

3 
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PUBLIC 

camera treatment for the document or transcript, the party shall file an appropriate motion with 

the Administrative Law Judge within 5 days after it receives such notice. Except where such an 

order is granted, all documents and transcripts shall be part of the public record. Where in 

camera treatment is granted, a duplicate copy of such document or transcript with the 

confidential material deleted therefrom may be placed on the public record. 

11. If any party receives a discovery request in any investigation or in any other proceeding or 

matter that may require the disclosure of confidential material submitted by another party or third 

party, the recipient of the discovery request shall promptly notify the submitter of receipt of such 

request. Unless a shorter time is mandated by an order of a court, such notification shall be in 

writing and be received by the submitter at least 10 business days before production, and shall 

include a copy of this Protective Order and a cover letter that will apprise the submitter of its 

rights hereunder. Nothing herein shall be construed as requiring the recipient of the discovery 

request or anyone else covered by this Order to challenge or appeal any order requiring 

production of confidential material, to subject itself to any penalties for non-compliance with any 

such order, or to seek any relief from the Administrative Law Judge or the Commission. The 

recipient shall not oppose the submitter’s efforts to challenge the disclosure of confidential 

material. In addition, nothing herein shall limit the applicability of Rule 4.11(e) of the 

Commission’s Rules of Practice, 16 CFR 4.11(e), to discovery requests in another proceeding 

that are directed to the Commission. 

12. At the time that any consultant or other person retained to assist counsel in the preparation of 

this action concludes participation in the action, such person shall return to counsel all copies of 

documents or portions thereof designated confidential that are in the possession of such person, 

together with all notes, memoranda or other papers containing confidential information. At the 

conclusion of this proceeding, including the exhaustion of judicial review, the parties shall return 

documents obtained in this action to their submitters, provided, however, that the Commission’s 

obligation to return documents shall be governed by the provisions of Rule 4.12 of the Rules of 

Practice, 16 CFR 4.12. 

13. The provisions of this Protective Order, insofar as they restrict the communication and use of 

confidential discovery material, shall, without written permission of the submitter or further 

order of the Commission, continue to be binding after the conclusion of this proceeding. 

4 
Via Zoom or other remote videoconference platform

The Honorable D. Michael Chappell

Complaint Counsel in the matter identified below.

To be examined on the matters set forth in the accompanying Attachment A.

Aug. 11, 2022, beginning at 9:00am Pacific Time

Colin D. A. MacDonald

Federal Trade Commission

Northwest Region 

915 Second Ave., Suite 2896

Seattle, WA 98174

cmacdonald@ftc.gov/ 206.220.4474

6/28/2022 s/ Colin D. A. MacDonald

In the Matter of HomeAdvisor, Inc. (Dkt. No. 9407)

Triares, Inc.

c/o Agents and Corporations, Inc., registered agent

1201 Orange St., Ste. 600, One Commerce Center

Wilmington, DE 19801

Subpoena to Testify at a Deposition 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 37 of 207 * PUBLIC *; 

Provided by the Secretary of the Federal Trade Commission, and 

Issued Pursuant to Rule 3.34(a), 16 C.F.R. § 3.34(a) (2010) 

1. TO 2. FROM 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

This subpoena requires you to appear and give testimony at the taking of a deposition, at the date and time specified in 

Item 5, and at the request of Counsel listed in Item 8, in the proceeding described in Item 6. 

3. PLACE OF DEPOSITION 4. YOUR APPEARANCE WILL BE BEFORE 

5. DATE AND TIME OF DEPOSITION 

7. ADMINISTRATIVE LAW JUDGE 

Federal Trade Commission 

Washington, D.C. 20580 

8. COUNSEL AND PARTY ISSUING SUBPOENA 

DATE SIGNED SIGNATURE OF COUNSEL ISSUING SUBPOENA 

6. SUBJECT OF PROCEEDING 

INSTRUCTIONS AND NOTICES 

The delivery of this subpoena to you by any method prescribed by the 

Commission's Rules of Practice is legal service and may subject you 

to a penalty imposed by law for failure to comply. This subpoena 

does not require approval by OMB under the Paperwork Reduction 

Act of 1980. 

PETITION TO LIMIT OR QUASH 

The Commission's Rules of Practice require that any petition to limit 

or quash this subpoena be filed within the earlier of ten days after 

service thereof or the time for compliance therewith. The original and 

twelve copies of the petition must be filed with the Secretary of the 

Federal Trade Commission, and one copy should be sent to the 

Commission Counsel named in Item 8. 

YOUR RIGHTS TO REGULATORY ENFORCEMENT 

FAIRNESS 

The FTC has a longstanding commitment to a fair regulatory 

enforcement environment. If you are a small business (under Small 

Business Administration standards), you have a right to contact the 

Small Business Administration's National Ombudsman at 1-888-

REGFAIR (1-888-734-3247) or www.sba.gov/ombudsman regarding the 

fairness of the compliance and enforcement activities of the agency. 

You should understand, however, that the National Ombudsman cannot 

change, stop, or delay a federal agency enforcement action. 

The FTC strictly forbids retaliatory acts by its employees, and you will 

not be penalized for expressing a concern about these activities. 

TRAVEL EXPENSES 

Use the enclosed travel voucher to claim compensation to which you are entitled as a witness for the Commission. The completed travel voucher and this 

subpoena should be presented to Commission Counsel for payment. If you are permanently or temporarily living somewhere other than the address on this 

subpoena and it would require excessive travel for you to appear, you must get prior approval from Commission Counsel. Witness travelers can contact the 

FTC travel office for guidance at (202) 326-3299 or travel@ftc.gov. PLEASE NOTE: Reimbursement for necessary transportation, lodging, and per diem 

expenses cannot exceed the maximum allowed for such expenses by an employee of the federal government. 

A copy of the Commission's Rules of Practice is available online at http://bit.ly/FTCsRulesofPractice. Paper copies are available upon request. 

FTC Form 70-C (rev. 10/2020) 
 

 

________________________________________________ 

________________________________________________ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 38 of 207 * PUBLIC *; 

ATTACHMENT A 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

Pursuant to the Federal Trade Commission’s Rules of Practice, 16 C.F.R. § 3.34, and the 

Definitions and Instructions set forth below, Complaint Counsel hereby requests that Triares, 

Inc. (“Company”) designate one or more officers, directors, or managing agents, or designate 

other persons who consent, to testify on its behalf regarding the matters listed below. Unless a 

single individual is designated by the Company, the Company must designate in advance and in 

writing the matters on which each designee will testify. The person(s) designated must testify 

about information known or reasonably available to the Company and their testimony shall be 

binding on the company. If the Company believes that the required date of testimony would be 

unduly burdensome, the Company is encouraged to discuss with Complaint Counsel identified in 

this Subpoena a mutually agreeable alternative date. 

I. MATTERS FOR EXAMINATION 

1. Your relationship with HomeAdvisor, including all contracts or agreements between 

You and HomeAdvisor and the scope, volume, and duration of services You provided to 

HomeAdvisor. 

2. All avenues by which You have obtained Consumer-Specific Information that You 

subsequently provided to HomeAdvisor. 

3. All complaints You have received from third parties, including Service Providers and 

Persons whose Customer-Specific Information You obtained, regarding Your 

provision of Consumer-Specific Information to HomeAdvisor. 

4. The authenticity of Documents produced by You in response to the Subpoena Duces 

Tecum issued in this matter on June 28, 2022. 

II. DEFINITIONS 

Notwithstanding any definition below, each word, term, or phrase used in this Schedule is 

intended to have the broadest meaning permitted under the Federal Trade Commission’s Rules of 

Practice. 

- 1 -
 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 39 of 207 * PUBLIC *; 

1. “And” and “or” shall be construed either disjunctively or conjunctively as necessary to 

bring within the scope of the request any information that might otherwise be construed 

to be outside its scope. 

2. “Any” shall be construed to include “all,” and “all” shall be construed to include the word 

“any.” 

3. “Each” shall be construed to include “every,” and “every” shall be construed to include 

“each.” 

4. “Includes” or “including” means “including, but not limited to,” so as to avoid excluding 

any information that might otherwise be construed to be within the scope of any request 

for information. 

5. “Consumer-Specific Information” means information that is, or purports to be, 

exclusive to a single Person or single household. 

6. “Document” is synonymous in meaning and equal in scope to the usage of the terms as 

defined by 16 C.F.R. § 3.34(b), and includes, without limitation, the complete original 

and any non-identical copy (whether different from the original because of notations on 

the copy or otherwise), regardless of origin or location, of any written, typed, printed, 

transcribed, filmed, punched, or graphic matter of every type and description, however 

and by whomever prepared, produced, disseminated or made, including any 

advertisement, book, pamphlet, periodical, contract, correspondence, file, invoice, 

memorandum, note, telegram, report, record, handwritten note, working paper, routing 

slip, chart, graph, paper, index, map, tabulation, manual, guide, outline, script, abstract, 

history, calendar, diary, journal, agenda, minute, code book, or label. “Document” shall 

also include electronically stored information (“ESI”). ESI means the complete original 

and any nonidentical copy (whether different from the original because of notations, 

different metadata, or otherwise), regardless of origin or location, of any electronically 

created or stored information, including electronic mail, instant messaging, 

videoconferencing, and other electronic correspondence (whether active, archived, or in a 

deleted items folder), word processing files, spreadsheets, databases, and sound 

recordings, whether stored on cards, magnetic or electronic tapes, disks, computer files, 

computer or other drives, cell phones, Blackberry, PDA, or other storage media, and such 

technical assistance or instructions as will enable conversion of such ESI into a 

reasonably usable form. 

7. “HomeAdvisor” means HomeAdvisor, Inc., also doing business as Angi Leads, also 

doing business as HomeAdvisor Powered by Angi, or any agent, employee, officer, or 

representative thereof. 

8. “Person” means any individual, group, unincorporated association, limited or general 

partnership, corporation, or other business or nonprofit entity. 

- 2 -
 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 40 of 207 * PUBLIC *; 

9. “Service Provider” means a Person who sells home services and has purchased a 

membership from HomeAdvisor. 

10. “You,” “Your,” or “Yourself” means Triares, Inc., or any agent, employee, officer, or 

representative thereof. 

11. The use of the singular includes the plural, and the plural includes the singular. 

12. The use of a verb in any tense shall be construed as the use of the verb in all other tenses. 

13. The spelling of a name shall be construed to include all similar variants thereof. 

III. INSTRUCTIONS 

1. Unless otherwise specified, the time period covered by the Matters For Examination shall 

include July 31, 2014, to the present. 

2. On March 14, 2022, the Court entered a Protective Order Governing Discovery Material 

in this matter. A copy of the protective order is enclosed with instructions on the handling 

of confidential information. 

3. In lieu of appearing at the time, date, and place set forth on the subpoena, please contact 

Sophie Calderón (scalderon@ftc.gov; 206.220.4486) by email or telephone at least ten 

days before the deposition date to confer regarding scheduling the deposition at a 

mutually agreeable date, time, and place. 

- 3 -
A 

) 

HomeAdvisor, Inc., a corporation, )

 d/b/a Angi Leads, ) Docket No. 9407 

 d/b/a HomeAdvisor Powered By Angi, )) 

Respondent. )

__________________________________________)

PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL 

Commission Rule 3.31(d) states: “In order to protect the parties and third parties against 

improper use and disclosure of confidential information, the Administrative Law Judge shall 

issue a protective order as set forth in the appendix to this section.” Pursuant to Commission 

Rule 3.31(d), the protective order set forth in the appendix to that section is attached verbatim as 

Attachment A and is hereby issued. 

ORDERED: 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: March 14, 2022 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 3/14/2022 | DOCUMENT NO. 604154 | Page 2 of 4 | PUBLIC PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 42 of 207 * PUBLIC *; 

PUBLIC 

ATTACHMENT A 

For the purpose of protecting the interests of the parties and third parties in the abovecaptioned matter against improper use and disclosure of confidential information submitted or 

produced in connection with this matter: 

IT IS HEREBY ORDERED THAT this Protective Order Governing Confidential 

Material (“Protective Order”) shall govern the handling of all Discovery Material, as hereafter 

defined. 

1. As used in this Order, “confidential material” shall refer to any document or portion thereof 

that contains privileged, competitively sensitive information, or sensitive personal information. 

“Sensitive personal information” shall refer to, but shall not be limited to, an individual’s Social 

Security number, taxpayer identification number, financial account number, credit card or debit 

card number, driver’s license number, state-issued identification number, passport number, date 

of birth (other than year), and any sensitive health information identifiable by individual, such as 

an individual’s medical records. “Document” shall refer to any discoverable writing, recording, 

transcript of oral testimony, or electronically stored information in the possession of a party or a 

third party. “Commission” shall refer to the Federal Trade Commission (“FTC”), or any of its 

employees, agents, attorneys, and all other persons acting on its behalf, excluding persons 

retained as consultants or experts for purposes of this proceeding. 

2. Any document or portion thereof submitted by a respondent or a third party during a Federal 

Trade Commission investigation or during the course of this proceeding that is entitled to 

confidentiality under the Federal Trade Commission Act, or any regulation, interpretation, or 

precedent concerning documents in the possession of the Commission, as well as any 

information taken from any portion of such document, shall be treated as confidential material 

for purposes of this Order. The identity of a third party submitting such confidential material 

shall also be treated as confidential material for the purposes of this Order where the submitter 

has requested such confidential treatment. 

3. The parties and any third parties, in complying with informal discovery requests, disclosure 

requirements, or discovery demands in this proceeding may designate any responsive document 

or portion thereof as confidential material, including documents obtained by them from third 

parties pursuant to discovery or as otherwise obtained. 

4. The parties, in conducting discovery from third parties, shall provide to each third party a copy 

of this Order so as to inform each such third party of his, her, or its rights herein. 

5. A designation of confidentiality shall constitute a representation in good faith and after careful 

determination that the material is not reasonably believed to be already in the public domain and 

that counsel believes the material so designated constitutes confidential material as defined in 

Paragraph 1 of this Order. 

2 
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PUBLIC 

6. Material may be designated as confidential by placing on or affixing to the document 

containing such material (in such manner as will not interfere with the legibility thereof), or if an 

entire folder or box of documents is confidential by placing or affixing to that folder or box, the 

designation “CONFIDENTIAL – FTC Docket No. 9407” or any other appropriate notice that 

identifies this proceeding, together with an indication of the portion or portions of the document 

considered to be confidential material. Confidential information contained in electronic 

documents may also be designated as confidential by placing the designation “CONFIDENTIAL 

– FTC Docket No. 9407” or any other appropriate notice that identifies this proceeding, on the 

face of the CD or DVD or other medium on which the document is produced. Masked or 

otherwise redacted copies of documents may be produced where the portions deleted contain 

privileged matter, provided that the copy produced shall indicate at the appropriate point that 

portions have been deleted and the reasons therefor. 

7. Confidential material shall be disclosed only to: (a) the Administrative Law Judge presiding 

over this proceeding, personnel assisting the Administrative Law Judge, the Commission and its 

employees, and personnel retained by the Commission as experts or consultants for this 

proceeding; (b) judges and other court personnel of any court having jurisdiction over any 

appellate proceedings involving this matter; (c) outside counsel of record for any respondent, 

their associated attorneys and other employees of their law firm(s), provided they are not 

employees of a respondent; (d) anyone retained to assist outside counsel in the preparation or 

hearing of this proceeding including consultants, provided they are not affiliated in any way with 

a respondent and have signed an agreement to abide by the terms of the protective order; and (e) 

any witness or deponent who may have authored or received the information in question. 

8. Disclosure of confidential material to any person described in Paragraph 7 of this Order shall 

be only for the purposes of the preparation and hearing of this proceeding, or any appeal 

therefrom, and for no other purpose whatsoever, provided, however, that the Commission may, 

subject to taking appropriate steps to preserve the confidentiality of such material, use or disclose 

confidential material as provided by its Rules of Practice; sections 6(f) and 21 of the Federal 

Trade Commission Act; or any other legal obligation imposed upon the Commission. 

9. In the event that any confidential material is contained in any pleading, motion, exhibit or 

other paper filed or to be filed with the Secretary of the Commission, the Secretary shall be so 

informed by the Party filing such papers, and such papers shall be filed in camera. To the extent 

that such material was originally submitted by a third party, the party including the materials in 

its papers shall immediately notify the submitter of such inclusion. Confidential material 

contained in the papers shall continue to have in camera treatment until further order of the 

Administrative Law Judge, provided, however, that such papers may be furnished to persons or 

entities who may receive confidential material pursuant to Paragraphs 7 or 8. Upon or after filing 

any paper containing confidential material, the filing party shall file on the public record a 

duplicate copy of the paper that does not reveal confidential material. Further, if the protection 

for any such material expires, a party may file on the public record a duplicate copy which also 

contains the formerly protected material. 

10. If counsel plans to introduce into evidence at the hearing any document or transcript 

containing confidential material produced by another party or by a third party, they shall provide 

advance notice to the other party or third party for purposes of allowing that party to seek an 

order that the document or transcript be granted in camera treatment. If that party wishes in 

3 
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PUBLIC 

camera treatment for the document or transcript, the party shall file an appropriate motion with 

the Administrative Law Judge within 5 days after it receives such notice. Except where such an 

order is granted, all documents and transcripts shall be part of the public record. Where in 

camera treatment is granted, a duplicate copy of such document or transcript with the 

confidential material deleted therefrom may be placed on the public record. 

11. If any party receives a discovery request in any investigation or in any other proceeding or 

matter that may require the disclosure of confidential material submitted by another party or third 

party, the recipient of the discovery request shall promptly notify the submitter of receipt of such 

request. Unless a shorter time is mandated by an order of a court, such notification shall be in 

writing and be received by the submitter at least 10 business days before production, and shall 

include a copy of this Protective Order and a cover letter that will apprise the submitter of its 

rights hereunder. Nothing herein shall be construed as requiring the recipient of the discovery 

request or anyone else covered by this Order to challenge or appeal any order requiring 

production of confidential material, to subject itself to any penalties for non-compliance with any 

such order, or to seek any relief from the Administrative Law Judge or the Commission. The 

recipient shall not oppose the submitter’s efforts to challenge the disclosure of confidential 

material. In addition, nothing herein shall limit the applicability of Rule 4.11(e) of the 

Commission’s Rules of Practice, 16 CFR 4.11(e), to discovery requests in another proceeding 

that are directed to the Commission. 

12. At the time that any consultant or other person retained to assist counsel in the preparation of 

this action concludes participation in the action, such person shall return to counsel all copies of 

documents or portions thereof designated confidential that are in the possession of such person, 

together with all notes, memoranda or other papers containing confidential information. At the 

conclusion of this proceeding, including the exhaustion of judicial review, the parties shall return 

documents obtained in this action to their submitters, provided, however, that the Commission’s 

obligation to return documents shall be governed by the provisions of Rule 4.12 of the Rules of 

Practice, 16 CFR 4.12. 

13. The provisions of this Protective Order, insofar as they restrict the communication and use of 

confidential discovery material, shall, without written permission of the submitter or further 

order of the Commission, continue to be binding after the conclusion of this proceeding. 

4 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 45 of 207 * PUBLIC *; 

CERTIFICATE OF SERVICE 

I hereby certify that on June 28, 2022, I caused a true and correct copy of the foregoing to 

be served via electronic mail to: 

William A. Burck 

Dawn Y. Yamane Hewett 

Kyra R. Simon 

Quinn Emanuel Urquhart & Sullivan, LLP 

1300 I Street NW, 9th Floor 

Washington, DC 20005 

(202) 538-8000 

williamburck@quinnemanuel.com 

dawnhewett@quinnemanuel.com 

kyrasimon@quinnemanuel.com 

Stephen R. Neuwirth 

Jennifer J. Barrett 

Neil T. Phillips 

George T. Phillips 

Jared Ruocco 

Kathryn D. Bonacorsi 

Quinn Emanuel Urquhart & Sullivan, LLP 

51 Madison Avenue, 22nd Floor 

New York, NY 10010 

(212) 849-7000 

stephenneuwirth@quinnemanuel.com 

jenniferbarrett@quinnemanuel.com 

neilphillips@quinnemanuel.com 

georgephillips@quinnemanuel.com 

jaredruocco@quinnemanuel.com 

kathrynbonacorsi@quinnemanuel.com 

Counsel for Respondent HomeAdvisor, Inc. 

Date: June 28, 2022 By: s/ Sophia H. Calderón____________ 

Sophia H. Calderón 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Counsel Supporting the Complaint 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 46 of 207 * PUBLIC *; 

PX02
        

 

 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 47 of 207 * PUBLIC *; 

Howe, Beth 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com> 

Sent: Monday, August 22, 2022 6:38 AM

To: Howe, Beth 

Cc: Calderon, Sophie; MacDonald, Colin; Roos, Breena; Barach, Kate 

Subject: RE: [External] Correspondence from The Jacobs Law 

4pm EST is fine.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

1
        

             

         

                 

   

               

   

                                

            

             

     

                 

   

               

                        

jAco s LAW.1· 

R 11 .'i I ~ I .S !\ I I I I" I I i \ I" I 11 '\; 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 48 of 207 * PUBLIC *; 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Friday, August 19, 2022 8:08 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Travis,

Could you speak at 1:00pm Pacific/ 4:00pm Eastern? Let me know and I will send conference information.

Best,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Friday, August 19, 2022 4:15 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: Calderon, Sophie <scalderon@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Beth,

I suggest we discuss on Monday. Please give me a call then.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

2
 

 

        

             

         

                 

   

               

   

                                       

                                   

                                  

                 

                           

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PUBLIC

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 49 of 207 * PUBLIC *; 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

gal www.WeKnowBusiness.le

FOLLOW T JL ONLI NE 

ng this e-mail transmission contain information This e-mail message and any documents accompanyi Confidentiality Notice: 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

copying, distribution and/or the notified that any disclosure, counsel. If you are not the intended recipient, you are hereby

 and taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited

advising of the error in transmission and against you. Please reply to the sender may result in legal action being instituted 

stem immediately. Thank you. anying documents from your sy delete the message and any accomp

 regulations promulgated by the U.S. Internal Revenue Service, To ensure compliance with certain IRS Circular 230 Notice: 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

y stated otherwise. herein, unless expressl

: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised DISCLAIMERS

r staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you that no attorney o

attorney or staff of The Jacobs Law LLC you must immediately notify the Managing receive any tax or tax law advice from an 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

he T ce of this email shall not constitute a binding offer or acceptance of settlement. any such tax or tax law advice. The substan

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

nts including, but not limited to, medical parties. Do not send confidential docume and signed and dated by all the interested 

Tax ID numbers) to this email address. ers (or documents with social security or records and social security or Tax ID numb

ation upon written request. such documents and inform Our staff will provide a secure method for transferring

> mhowe@ftc.gov < Beth Howe, From:

MP 5:59 2022 19, August Friday, Sent:

> tjacobs@thejacobslaw.com < ESQ. JACOBS, J. TRAVIS To:

>; broos@ftc.gov < Breena Roos, >; cmacdonald@ftc.gov < Colin MacDonald, >; ron@ftc.gov scalde < Sophie Calderon, Cc:

> kbarach@ftc.gov < Kate Barach,

Law Jacobs The from ndence Correspo xternal] [E RE: Subject:

Travis, Dear

as 26 Aug. on deposition the with forward go to need will we responses, Triares’ review to time had Having

and arrangements the make will We date. that for availability their confirmed has HomeAdvisor for Counsel planned.

alternate any make to needs client your Unless setup. deposition remote reporter/ court the for information forward

Pacific. 9:00am at begin to plan will we arrangements, timing

weekend, good a have and discuss, to want you if know me let Please

Beth

 Elizabeth Howe, Esq. M.

Federal Trade Commission | Northwest Region 

3
      

             

         

                 

   

               

                        

            

             

     

               

                                      

                                 

            

   

 

206.220.4476 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 50 of 207 * PUBLIC *; 

mhowe@ftc.gov 

From: Howe, Beth

Sent: Friday, August 19, 2022 9:14 AM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Received, Travis. I will review and get back to you with any questions.

Best,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Thursday, August 18, 2022 1:35 PM

To: Howe, Beth <mhowe@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Beth

Thank you, again, for the professional courtesy of additional time to respond to these. It IS very much appreciated.

Attached please find Triares Inc. Responses and Objections to the FTC’s non‐party subpoena. Please review same and

contact me any time to discuss further.

Thank you.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

4
 

        

             

         

                 

   

               

      

                                                 

         

                                           

                                          

                                       

                                

(s1 

FOLLOW TJL ONLINE 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 51 of 207 * PUBLIC *; 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Thursday, August 11, 2022 7:30 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

I am sorry to hear of your continued difficulties. From what I hear, it can be a long recovery, and I hope you see some

improvement in the short term.

We are open to discussion of the need for deposition, however, we cannot take it off the calendar until we have Triares’

production in hand and are able to review it. Additionally, under the Scheduling Order in this matter, we will need to

provide any production from Triares to our opposing counsel by August 23 (i.e. three Business Days before the 26th) if

the deposition does need to go forward. Can you advise when you anticipate providing the production?

Best,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

5
            

             

     

               

                                   

                                           

      

                                               

            

 

 

jAco s LAW.1· 

R 11 .'i I ~ I S ~ I I I I" I I i \ I" I 11 '\; 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 52 of 207 * PUBLIC *; 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Thursday, August 11, 2022 10:58 AM

To: Howe, Beth <mhowe@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Beth,

I am working on the responses now (again). Unfortunately, this COVID infection has been relentless and delayed my

progress on what was already a mountain of work to complete on my return. I’m starting to wonder if the vacation was

even worth it.

I will keep the date open for now, but I would like to further discuss whether it is even necessary once you have a

chance to review what we provide.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

6
        

             

         

                 

                       

               

     

                                  

       

                                 

      

             

         

                 

                       

               

     

                     

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 53 of 207 * PUBLIC *; 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, August 8, 2022 4:02 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

I am following up regarding Triares, Inc.’s outstanding responses to the document subpoena. Can you please advise

when production is expected?

We have yet to hear back from Counsel for HomeAdvisor regarding holding the deposition on 8/26.

Best,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: Howe, Beth

Sent: Friday, August 5, 2022 4:03 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

We will reach out to HomeAdvisor’s counsel to confirm that date.

Best,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

7
            

             

     

                 

                       

               

            

 

 

jAco s LAW.1· 

R 11 .'i I ~ I S ~ I I I I" I I i \ I" I 11 '\; 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 54 of 207 * PUBLIC *; 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Thursday, August 4, 2022 2:16 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Beth

My client would be available 8/26.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

8
        

             

         

                 

                       

               

     

                                     

                                    

                          

                                    

               

  

          

             

                           

                 

               

                     

jAco s LAW.1· 

R 11 .'i I ~ I .S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 55 of 207 * PUBLIC *; 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Tuesday, August 2, 2022 5:14 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

Thank you for speaking with us yesterday. From our conversation, we understood that you were preparing to send us

yesterday subpoena responses that your client previously submitted to the parties in the Airquip litigation. We have not

yet received those responses/documents; can you please confirm whether they have been sent?

Additionally, as we discussed, please let us know your client’s availability for deposition. We understood you would be

confirming availability for August 22, 23, or 26.

Best,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 29, 2022 9:26 AM

To: Howe, Beth <mhowe@ftc.gov>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Great, thanks. I’ll circulate an invite with our conference call line.

Regards, 

Amie DiGiampaolo, Esq.* 

9
 

 

        

             

                     

       

                 

               

   

                                          

                     

B 

PUBLIC

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 56 of 207 * PUBLIC *; 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

gal www.WeKnowBusiness.le

*Admitted in Massachusetts and New Hampshire 

FOLLOW T JL ONLI NE 

ng this e-mail transmission contain information This e-mail message and any documents accompanyi Confidentiality Notice: 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

copying, distribution and/or the notified that any disclosure, counsel. If you are not the intended recipient, you are hereby

 and taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited

advising of the error in transmission and against you. Please reply to the sender may result in legal action being instituted 

em immediately. Thank you. anying documents from your syst delete the message and any accomp

 regulations promulgated by the U.S. Internal Revenue Service, To ensure compliance with certain IRS Circular 230 Notice: 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

y stated otherwise. herein, unless expressl

: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that DISCLAIMERS

ff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive no attorney or sta

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

confidential documents including, but not limited to, medical rested parties. Do not send signed and dated by all the inte

Tax ID numbers) to this email address. ers (or documents with social security or records and social security or Tax ID numb

ion upon written request. such documents and informat Our staff will provide a secure method for transferring 

> mhowe@ftc.gov < Beth Howe, From:

PM 12:17 2022 , 29 July Friday, Sent:

The >; tjacobs@thejacobslaw.com < ESQ. JACOBS, J. TRAVIS >; amied@thejacobslaw.com < ESQ. DIGIAMPAOLO, AMIE To:

> office@thejacobslaw.com < Office LLC Law Jacobs

> cmacdonald@ftc.gov < Colin MacDonald, >; broos@ftc.gov < Breena Roos, >; calderon@ftc.gov s< Sophie Calderon, Cc:

Law Jacobs The om fr Correspondence [External] RE: Subject:

Amie, Dear

circulating be will you if know us let Please Monday. on Eastern 4:00pm Pacific/ 1:00pm at speak to available are We

needed. if link Zoom a circulate to happy are we information; conference

Best,

Beth

10
          

             

                           

                 

               

   

                                                 

   

   

 

 

I I r I Ii \ r I II ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 57 of 207 * PUBLIC *; 

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 29, 2022 8:42 AM

To: Howe, Beth <mhowe@ftc.gov>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Attorney Howe,

On behalf of Attorney Jacobs, I’m writing to set up a conference call for Monday, 8/1. Are you available at 10 am or 4 pm

on Monday?

Thank you,

Amie

Regards, 

Amie DiGiampaolo, Esq.* 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

*Admitted in Massachusetts and New Hampshire 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

11
        

             

                     

       

                 

               

                                       

                                 

                                             

                                   

                                   

                            

  

   

        

             

                   

     

                     

               

                                         

                                   

                                 

                                     

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 58 of 207 * PUBLIC *; 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that 

no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive 

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, July 18, 2022 8:56 PM

To: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The

Jacobs Law LLC Office <office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Counsel,

I’m writing to follow up on my office’s conversation with Ms. DiGiampaolo on the afternoon of Friday, July 15 regarding

the document and deposition subpoenas issued by Complaint Counsel to Triares, Inc., in In the Matter of HomeAdvisor,

Inc., (FTC Docket No. 9407). As Mr. MacDonald agreed on that call, as long as, no later than August 1, 2022, Triares and

Complaint Counsel conduct a meet and confer conference, pursuant to 16 C.F.R. 3.22(g), regarding the scope of the

subpoenas, Complaint Counsel will not file any motion to compel with respect to the subpoenas, or otherwise deem

Triares to be out of compliance with the subpoenas, prior to August 1, 2022.

Sincerely,

Beth Howe

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: MacDonald, Colin <cmacdonald@ftc.gov>

Sent: Friday, July 15, 2022 12:02 PM

To: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena

<broos@ftc.gov>; Howe, Beth <mhowe@ftc.gov>

Cc: The Jacobs Law LLC Office <office@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Counsel,

In my message yesterday, I suggested we have a call next week to discuss how to minimize the inconvenience to your

client while ensuring we receive the documents and testimony required in a timely manner. It would be more

productive to tether our conversation to particular concerns that your client has. We cannot unilaterally narrow our

requests without knowing what categories of responsive materials your client has or how they are kept. Even if Mr.

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1111'.: 

JACO S LAW.1-

R 11 ."i I ~ I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 59 of 207 * PUBLIC *; 

Jacobs is out of the office next week, is there someone from your firm who can speak to members of our team? To be

clear, we are not necessarily opposed to any extension or modification, but we cannot acquiesce to a blanket request for

a tripling of the response time.

Regards,

Colin D. A. MacDonald (he/him) | Attorney | Federal Trade Commission

Northwest Regional Office | 915 Second Ave., Ste. 2896 | Seattle, WA 98174

Tel.: (206) 220‐4474 | Fax: (206) 220‐6366 | Web: www.ftc.gov

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 15, 2022 7:41 AM

To: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Howe, Beth <mhowe@ftc.gov>

Cc: The Jacobs Law LLC Office <office@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Subject: FW: [External] Correspondence from The Jacobs Law

Dear counsel:

I am associate here at The Jacobs Law. Attorney Jacobs is handling this matter, and he is out of the office through next

week, returning to the office on Monday, July 25, 2022. Your response to Attorney Jacobs’ letter is unfortunate and

short‐sighted. A review of the Scheduling Order issued in this matter by the Office of ALJ on April 25, 2022, provides that

close of discovery occurs on September 6, 2022; it further denotes that June 28, 2022 was the deadline for issuing

document requests and subpoenas. Thus, you waited until the deadline to subpoena Triares with broad, extensive, and

burdensome requests and which subpoena was only recently served upon Triares. As attorneys, I think we all know that

scheduling orders and deadlines are extendable – especially when requests are made jointly. Additionally a review of

your rules at 16 C.F.R. s. 3.21(c)(2) allows for such extension upon a showing of good cause. Here, there is clearly good

cause for an extension.

Unless you can severely narrow the scope of your requests, Triares cannot comply because of the very short time you

have afforded them and because of Attorney Jacobs’ absence until July 25, 2022. To be clear, Triares is not refusing to

comply; it simply needs additional time to respond to your extensive requests.

Please advise if we can come an agreement on this. Otherwise, emergency motion practice may be necessary. Thank you

for your attention to this matter.

Regards, 

Amie DiGiampaolo, Esq.* 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 60 of 207 * PUBLIC *; 

*Admitted in Massachusetts and New Hampshire 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that 

no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive 

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: MacDonald, Colin <cmacdonald@ftc.gov>

Sent: Thursday, July 14, 2022 9:50:58 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office <office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; Howe, Beth <mhowe@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Ms. Lee and Mr. Jacobs,

Thank you for your letter, as well as your letter to my colleague Sophie Calderón regarding the related subpoena for

testimony. Unfortunately, an extension of two months on either the return date or the deposition will not be workable.

The relevant Rules of Practice, 16 C.F.R. Part 3, only allow for a very short discovery period. That said, our team is happy

to discuss how to obtain the necessary documents and testimony while minimizing any inconvenience to your client. Are

you available for a call early next week to discuss both subpoenas? If so, please let us know a few times that would work

for you.

I have CCed Sophie, as well as our colleagues Breena Roos and Beth Howe, as I will be out of the office next week.

Though I will be checking email, they will likely get back to you faster than I can. Thank you in advance.

Best,

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jAco s LAW.1· 

R 11 ."i I ~ I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 61 of 207 * PUBLIC *; 

Colin

Colin D. A. MacDonald (he/him) | Attorney | Federal Trade Commission

Northwest Regional Office | 915 Second Ave., Ste. 2896 | Seattle, WA 98174

Tel.: (206) 220‐4474 | Fax: (206) 220‐6366 | Web: www.ftc.gov

From: The Jacobs Law LLC Office <office@thejacobslaw.com>

Sent: Thursday, July 14, 2022 11:33 AM

To: MacDonald, Colin <cmacdonald@ftc.gov>

Subject: Correspondence from The Jacobs Law

Attorney MacDonald,

Please see the attached correspondence from Attorney Travis Jacobs. Please feel free to contact him directly at

TJacobs@thejacobslaw.com regarding this matter

Warmest regards, 

Taylor Lee, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

Office@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain 

information from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or 

work product of counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, 

distribution and/or the taking of or refraining from taking of any action in reliance on the contents of this e-mail 

information is strictly prohibited and may result in legal action being instituted against you. Please reply to the 

sender advising of the error in transmission and delete the message and any accompanying documents from your 

system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue 

Service, we inform you that any federal tax advice contained in this communication (including any attachments) is 

not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related 

penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any 

tax-related matters addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. 

15
  

  

  

                                 

  

                                 

  

                                 

  

                                 

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 62 of 207 * PUBLIC *; 

In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must 

immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax 

law advice, and take no action in reliance on any such tax or tax law advice. The substance of this email shall not 

constitute a binding offer or acceptance of settlement. The Jacobs Law LLC, and any attorney or staff at The Jacobs 

Law LLC, is NOT authorized to bind any client to any agreement. Any and all proposals or offers to settle and/or 

acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is strictly conditioned on a mutually 

agreeable written settlement agreement negotiated with the advice of legal counsel and signed and dated by all the 

interested parties. Do not send confidential documents including, but not limited to, medical records and social 

security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. Our staff 

will provide a secure method for transferring such documents and information upon written request. 

This email has been scanned for spam and viruses. Click here to report this email as spam.

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16
                                 

  

                                 

  

                                 

  

                                 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 63 of 207 * PUBLIC *; 

This email has been scanned for spam and viruses. Click here to report this email as spam.

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17
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 64 of 207 * PUBLIC *; 

PX03
   

                                                 

                                     

                                       

                                               

                  

 

 

R 11 ."i I ~ I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 65 of 207 * PUBLIC *; 

Howe, Beth 

From: 

Sent: 

To: 

TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com> 

Tuesday, August 2, 2022 3:13 PM

Howe, Beth 

Cc: Calderon, Sophie; Roos, Breena; MacDonald, Colin; Barach, Kate; AMIE DIGIAMPAOLO, ESQ.; The 

Jacobs Law LLC Office 

Subject: RE: [External] Correspondence from The Jacobs Law 

Hi Beth,

Yes, I apologize for the delay – when I pulled up the response I was reminded that it is subject to a confidentiality stip in

that case. To avoid any issues, I’m just going to respond to your document requests anew using the documents

produced in that case and we can go from there as planned. I should have that to you this week.

I’ve emailed my client and asked them to identify one of those dates and a designee – I expect to hear back from them

before I send over our response to the subpoena.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

1
        

             

         

                 

                       

               

     

                                     

                                    

                          

                                    

               

  

          

             

                           

                 

               

                     

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 66 of 207 * PUBLIC *; 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Tuesday, August 2, 2022 5:14 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

Thank you for speaking with us yesterday. From our conversation, we understood that you were preparing to send us

yesterday subpoena responses that your client previously submitted to the parties in the Airquip litigation. We have not

yet received those responses/documents; can you please confirm whether they have been sent?

Additionally, as we discussed, please let us know your client’s availability for deposition. We understood you would be

confirming availability for August 22, 23, or 26.

Best,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 29, 2022 9:26 AM

To: Howe, Beth <mhowe@ftc.gov>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Great, thanks. I’ll circulate an invite with our conference call line.

Regards, 

2
 

 

        

             

                     

       

                 

               

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 67 of 207 * PUBLIC *; 

Amie DiGiampaolo, Esq.* 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

*Admitted in Massachusetts and New Hampshire 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that 

no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive 

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Friday, July 29, 2022 12:17 PM

To: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The

Jacobs Law LLC Office <office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

3
   

                                          

                     

          

             

                           

                 

               

   

                                                 

   

   

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 68 of 207 * PUBLIC *; 

Dear Amie,

We are available to speak at 1:00pm Pacific/ 4:00pm Eastern on Monday. Please let us know if you will be circulating

conference information; we are happy to circulate a Zoom link if needed.

Best,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 29, 2022 8:42 AM

To: Howe, Beth <mhowe@ftc.gov>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Attorney Howe,

On behalf of Attorney Jacobs, I’m writing to set up a conference call for Monday, 8/1. Are you available at 10 am or 4 pm

on Monday?

Thank you,

Amie

Regards, 

Amie DiGiampaolo, Esq.* 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

*Admitted in Massachusetts and New Hampshire 

FOLLOW TJL ONLINE 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 69 of 207 * PUBLIC *; 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that 

no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive 

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, July 18, 2022 8:56 PM

To: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The

Jacobs Law LLC Office <office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Counsel,

I’m writing to follow up on my office’s conversation with Ms. DiGiampaolo on the afternoon of Friday, July 15 regarding

the document and deposition subpoenas issued by Complaint Counsel to Triares, Inc., in In the Matter of HomeAdvisor,

Inc., (FTC Docket No. 9407). As Mr. MacDonald agreed on that call, as long as, no later than August 1, 2022, Triares and

Complaint Counsel conduct a meet and confer conference, pursuant to 16 C.F.R. 3.22(g), regarding the scope of the

subpoenas, Complaint Counsel will not file any motion to compel with respect to the subpoenas, or otherwise deem

Triares to be out of compliance with the subpoenas, prior to August 1, 2022.

Sincerely,

Beth Howe

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: MacDonald, Colin <cmacdonald@ftc.gov>

Sent: Friday, July 15, 2022 12:02 PM

To: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena

<broos@ftc.gov>; Howe, Beth <mhowe@ftc.gov>

5
                     

               

                                         

                                   

                                 

                                     

                                               

                                       

           

                     

                         

                 

          

             

                 

   

                     

               

   

                                             

                                     

                                           

                                       

                                 

                                     

                                 

                                           

       

                                       

                                         

                         

                                     

           

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 70 of 207 * PUBLIC *; 

Cc: The Jacobs Law LLC Office <office@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Counsel,

In my message yesterday, I suggested we have a call next week to discuss how to minimize the inconvenience to your

client while ensuring we receive the documents and testimony required in a timely manner. It would be more

productive to tether our conversation to particular concerns that your client has. We cannot unilaterally narrow our

requests without knowing what categories of responsive materials your client has or how they are kept. Even if Mr.

Jacobs is out of the office next week, is there someone from your firm who can speak to members of our team? To be

clear, we are not necessarily opposed to any extension or modification, but we cannot acquiesce to a blanket request for

a tripling of the response time.

Regards,

Colin D. A. MacDonald (he/him) | Attorney | Federal Trade Commission

Northwest Regional Office | 915 Second Ave., Ste. 2896 | Seattle, WA 98174

Tel.: (206) 220‐4474 | Fax: (206) 220‐6366 | Web: www.ftc.gov

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 15, 2022 7:41 AM

To: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Howe, Beth <mhowe@ftc.gov>

Cc: The Jacobs Law LLC Office <office@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Subject: FW: [External] Correspondence from The Jacobs Law

Dear counsel:

I am associate here at The Jacobs Law. Attorney Jacobs is handling this matter, and he is out of the office through next

week, returning to the office on Monday, July 25, 2022. Your response to Attorney Jacobs’ letter is unfortunate and

short‐sighted. A review of the Scheduling Order issued in this matter by the Office of ALJ on April 25, 2022, provides that

close of discovery occurs on September 6, 2022; it further denotes that June 28, 2022 was the deadline for issuing

document requests and subpoenas. Thus, you waited until the deadline to subpoena Triares with broad, extensive, and

burdensome requests and which subpoena was only recently served upon Triares. As attorneys, I think we all know that

scheduling orders and deadlines are extendable – especially when requests are made jointly. Additionally a review of

your rules at 16 C.F.R. s. 3.21(c)(2) allows for such extension upon a showing of good cause. Here, there is clearly good

cause for an extension.

Unless you can severely narrow the scope of your requests, Triares cannot comply because of the very short time you

have afforded them and because of Attorney Jacobs’ absence until July 25, 2022. To be clear, Triares is not refusing to

comply; it simply needs additional time to respond to your extensive requests.

Please advise if we can come an agreement on this. Otherwise, emergency motion practice may be necessary. Thank you

for your attention to this matter.

Regards, 

Amie DiGiampaolo, Esq.* 

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jAco s LAW.~-

R 11 ."i I :"ii. I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 71 of 207 * PUBLIC *; 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

*Admitted in Massachusetts and New Hampshire 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that 

no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive 

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: MacDonald, Colin <cmacdonald@ftc.gov>

Sent: Thursday, July 14, 2022 9:50:58 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office <office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; Howe, Beth <mhowe@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

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jAco s LAW.1· 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 72 of 207 * PUBLIC *; 

Dear Ms. Lee and Mr. Jacobs,

Thank you for your letter, as well as your letter to my colleague Sophie Calderón regarding the related subpoena for

testimony. Unfortunately, an extension of two months on either the return date or the deposition will not be workable.

The relevant Rules of Practice, 16 C.F.R. Part 3, only allow for a very short discovery period. That said, our team is happy

to discuss how to obtain the necessary documents and testimony while minimizing any inconvenience to your client. Are

you available for a call early next week to discuss both subpoenas? If so, please let us know a few times that would work

for you.

I have CCed Sophie, as well as our colleagues Breena Roos and Beth Howe, as I will be out of the office next week.

Though I will be checking email, they will likely get back to you faster than I can. Thank you in advance.

Best,

Colin

Colin D. A. MacDonald (he/him) | Attorney | Federal Trade Commission

Northwest Regional Office | 915 Second Ave., Ste. 2896 | Seattle, WA 98174

Tel.: (206) 220‐4474 | Fax: (206) 220‐6366 | Web: www.ftc.gov

From: The Jacobs Law LLC Office <office@thejacobslaw.com>

Sent: Thursday, July 14, 2022 11:33 AM

To: MacDonald, Colin <cmacdonald@ftc.gov>

Subject: Correspondence from The Jacobs Law

Attorney MacDonald,

Please see the attached correspondence from Attorney Travis Jacobs. Please feel free to contact him directly at

TJacobs@thejacobslaw.com regarding this matter

Warmest regards, 

Taylor Lee, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

Office@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 73 of 207 * PUBLIC *; 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain 

information from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or 

work product of counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, 

distribution and/or the taking of or refraining from taking of any action in reliance on the contents of this e-mail 

information is strictly prohibited and may result in legal action being instituted against you. Please reply to the 

sender advising of the error in transmission and delete the message and any accompanying documents from your 

system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue 

Service, we inform you that any federal tax advice contained in this communication (including any attachments) is 

not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related 

penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any 

tax-related matters addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. 

In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must 

immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax 

law advice, and take no action in reliance on any such tax or tax law advice. The substance of this email shall not 

constitute a binding offer or acceptance of settlement. The Jacobs Law LLC, and any attorney or staff at The Jacobs 

Law LLC, is NOT authorized to bind any client to any agreement. Any and all proposals or offers to settle and/or 

acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is strictly conditioned on a mutually 

agreeable written settlement agreement negotiated with the advice of legal counsel and signed and dated by all the 

interested parties. Do not send confidential documents including, but not limited to, medical records and social 

security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. Our staff 

will provide a secure method for transferring such documents and information upon written request. 

This email has been scanned for spam and viruses. Click here to report this email as spam.

This email has been scanned for spam and viruses. Click here to report this email as spam.

This email has been scanned for spam and viruses. Click here to report this email as spam.

9
  

                                 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 74 of 207 * PUBLIC *; 

This email has been scanned for spam and viruses. Click here to report this email as spam.

10
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 75 of 207 * PUBLIC *; 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 76 of 207 * PUBLIC *; 

Howe, Beth 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com> 

Sent: Friday, August 12, 2022 10:08 AM

To: Howe, Beth 

Cc: Calderon, Sophie; MacDonald, Colin; Roos, Breena; Barach, Kate 

Subject: Re: [External] Correspondence from The Jacobs Law 

Thank you. I appreciate that. I have a very ‘type A’ client who owns his own business; he had brain fog and fatigue for

90+ days. It nearly ruined him financially. That story is just terrifying.

I completely understand that. I expect to send it over Tuesday, Wednesday night latest. I really do want to get this off

my plate. So that should be plenty of time for your team to review it and then we can discuss on or before the 22nd.

Thank you again for your consideration. It is greatly appreciated.

Warmest regards, 

Travis J. Jacobs, Esq. 

THE JACOBS LAW LLC 

36 Bromfield Street, Suite 502

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

Twitter: @THEJACOBSLAW 

Facbook: m.facebook.com/TheJacobsLaw

CONFIDENTIALITY NOTICE: This e-mail message and any documents accompanying this e-mail 

transmission contain information from The Jacobs Law LLC which is privileged and confidential attorney-client 

communication and/or work product of counsel. If you are not the intended recipient, you are hereby notified 

that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance 

on the contents of this e-mail information is strictly prohibited and may result in legal action being instituted 

against you. Please reply to the sender advising of the error in transmission and delete the message and any 

accompanying documents from your system immediately. Thank you. 

IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal 

Revenue Service, we inform you that any federal tax advice contained in this communication (including any 

attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) 

avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or 

recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law 

advice. In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you 

must immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such 

tax or tax law advice, and take no action in reliance on any such tax or tax law advice. The substance of this 

email shall not constitute a binding offer or acceptance of settlement. Any offer to settle or acceptance of an 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 77 of 207 * PUBLIC *; 

offer to settle is conditioned on a fully executed settlement agreement mutually agreed to by the interested 

parties. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Thursday, August 11, 2022 7:29:43 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

I am sorry to hear of your continued difficulties. From what I hear, it can be a long recovery, and I hope you see some

improvement in the short term.

We are open to discussion of the need for deposition, however, we cannot take it off the calendar until we have Triares’

production in hand and are able to review it. Additionally, under the Scheduling Order in this matter, we will need to

provide any production from Triares to our opposing counsel by August 23 (i.e. three Business Days before the 26th) if

the deposition does need to go forward. Can you advise when you anticipate providing the production?

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Thursday, August 11, 2022 10:58 AM

To: Howe, Beth <mhowe@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Beth,

I am working on the responses now (again). Unfortunately, this COVID infection has been relentless and delayed my

progress on what was already a mountain of work to complete on my return. I’m starting to wonder if the vacation was

even worth it.

I will keep the date open for now, but I would like to further discuss whether it is even necessary once you have a

chance to review what we provide.

Warmest Regards, 

Travis J. Jacobs, Esq. 

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Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

counsel. If you are not the intended recipient, you are hereby

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

 notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

DISCLAIMERS

herein, unless expressly stated otherwise.

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

receive any tax or tax law advice from an 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

any such tax or tax law advice. The substan

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on

ce of this email shall not constitute a binding offer or acceptance of settlement. The 

and signed and dated by all the interested 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, August 8, 2022 4:02 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

Subject:

<office@thejacobslaw.com>

RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

I am following up regarding Triares, Inc.’s outstanding responses to the document subpoena. Can you please advise

when production is expected?

We have yet to hear back from Counsel for HomeAdvisor regarding holding the deposition on 8/26.

M.

Beth

Best,

 Elizabeth Howe, Esq. 

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jAco s LAW.1· 

R 11 ."i I ~ I S !is I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 79 of 207 * PUBLIC *; 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: Howe, Beth

Sent: Friday, August 5, 2022 4:03 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

We will reach out to HomeAdvisor’s counsel to confirm that date.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Thursday, August 4, 2022 2:16 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Beth

My client would be available 8/26.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 80 of 207 * PUBLIC *; 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Tuesday, August 2, 2022 5:14 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Mr. Jacobs,

Thank you for speaking with us yesterday. From our conversation, we understood that you were preparing to send us

yesterday subpoena responses that your client previously submitted to the parties in the Airquip litigation. We have not

yet received those responses/documents; can you please confirm whether they have been sent?

Additionally, as we discussed, please let us know your client’s availability for deposition. We understood you would be

confirming availability for August 22, 23, or 26.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

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jAco s LAW.1· 

R 11 ."i I ~ I S !ii I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 81 of 207 * PUBLIC *; 

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 29, 2022 9:26 AM

To: Howe, Beth <mhowe@ftc.gov>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Great, thanks. I’ll circulate an invite with our conference call line.

Regards, 

Amie DiGiampaolo, Esq.* 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

*Admitted in Massachusetts and New Hampshire 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that 

no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive 

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

6
  

        

             

                     

       

                 

               

  

   

  

                                          

                     

  

  

          

             

                           

                 

               

  

   

                                                 

   

  

   

  

jAco s LAW.L. 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 82 of 207 * PUBLIC *; 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Friday, July 29, 2022 12:17 PM

To: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The

Jacobs Law LLC Office <office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Amie,

We are available to speak at 1:00pm Pacific/ 4:00pm Eastern on Monday. Please let us know if you will be circulating

conference information; we are happy to circulate a Zoom link if needed.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 29, 2022 8:42 AM

To: Howe, Beth <mhowe@ftc.gov>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office

<office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Attorney Howe,

On behalf of Attorney Jacobs, I’m writing to set up a conference call for Monday, 8/1. Are you available at 10 am or 4 pm

on Monday?

Thank you,

Amie

Regards, 

Amie DiGiampaolo, Esq.* 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 83 of 207 * PUBLIC *; 

www.WeKnowBusiness.legal 

*Admitted in Massachusetts and New Hampshire 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that 

no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive 

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, July 18, 2022 8:56 PM

To: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The

Jacobs Law LLC Office <office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin <cmacdonald@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Counsel,

I’m writing to follow up on my office’s conversation with Ms. DiGiampaolo on the afternoon of Friday, July 15 regarding

the document and deposition subpoenas issued by Complaint Counsel to Triares, Inc., in In the Matter of HomeAdvisor,

Inc., (FTC Docket No. 9407). As Mr. MacDonald agreed on that call, as long as, no later than August 1, 2022, Triares and

Complaint Counsel conduct a meet and confer conference, pursuant to 16 C.F.R. 3.22(g), regarding the scope of the

subpoenas, Complaint Counsel will not file any motion to compel with respect to the subpoenas, or otherwise deem

Triares to be out of compliance with the subpoenas, prior to August 1, 2022.

Sincerely,

Beth Howe

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 84 of 207 * PUBLIC *; 

From: MacDonald, Colin <cmacdonald@ftc.gov>

Sent: Friday, July 15, 2022 12:02 PM

To: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena

<broos@ftc.gov>; Howe, Beth <mhowe@ftc.gov>

Cc: The Jacobs Law LLC Office <office@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Subject: RE: [External] Correspondence from The Jacobs Law

Counsel,

In my message yesterday, I suggested we have a call next week to discuss how to minimize the inconvenience to your

client while ensuring we receive the documents and testimony required in a timely manner. It would be more

productive to tether our conversation to particular concerns that your client has. We cannot unilaterally narrow our

requests without knowing what categories of responsive materials your client has or how they are kept. Even if Mr.

Jacobs is out of the office next week, is there someone from your firm who can speak to members of our team? To be

clear, we are not necessarily opposed to any extension or modification, but we cannot acquiesce to a blanket request for

a tripling of the response time.

Regards,

Colin D. A. MacDonald (he/him) | Attorney | Federal Trade Commission

Northwest Regional Office | 915 Second Ave., Ste. 2896 | Seattle, WA 98174

Tel.: (206) 220‐4474 | Fax: (206) 220‐6366 | Web: www.ftc.gov

From: AMIE DIGIAMPAOLO, ESQ. <amied@thejacobslaw.com>

Sent: Friday, July 15, 2022 7:41 AM

To: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Howe, Beth <mhowe@ftc.gov>

Cc: The Jacobs Law LLC Office <office@thejacobslaw.com>; TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Subject: FW: [External] Correspondence from The Jacobs Law

Dear counsel:

I am associate here at The Jacobs Law. Attorney Jacobs is handling this matter, and he is out of the office through next

week, returning to the office on Monday, July 25, 2022. Your response to Attorney Jacobs’ letter is unfortunate and

short‐sighted. A review of the Scheduling Order issued in this matter by the Office of ALJ on April 25, 2022, provides that

close of discovery occurs on September 6, 2022; it further denotes that June 28, 2022 was the deadline for issuing

document requests and subpoenas. Thus, you waited until the deadline to subpoena Triares with broad, extensive, and

burdensome requests and which subpoena was only recently served upon Triares. As attorneys, I think we all know that

scheduling orders and deadlines are extendable – especially when requests are made jointly. Additionally a review of

your rules at 16 C.F.R. s. 3.21(c)(2) allows for such extension upon a showing of good cause. Here, there is clearly good

cause for an extension.

Unless you can severely narrow the scope of your requests, Triares cannot comply because of the very short time you

have afforded them and because of Attorney Jacobs’ absence until July 25, 2022. To be clear, Triares is not refusing to

comply; it simply needs additional time to respond to your extensive requests.

Please advise if we can come an agreement on this. Otherwise, emergency motion practice may be necessary. Thank you

for your attention to this matter.

Regards, 

9
 

  

  

     

             

                     

                 

                

  

           

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 85 of 207 * PUBLIC *; 

Amie DiGiampaolo, Esq.* 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

AmieD@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

*Admitted in Massachusetts and New Hampshire 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be advised that 

no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you receive 

any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on any such 

tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The Jacobs 

Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. Any and 

all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is 

strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel and 

signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: MacDonald, Colin <cmacdonald@ftc.gov>

Sent: Thursday, July 14, 2022 9:50:58 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>; The Jacobs Law LLC Office <office@thejacobslaw.com>

Cc: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; Howe, Beth <mhowe@ftc.gov>

Subject: RE: [External] Correspondence from The Jacobs Law

Dear Ms. Lee and Mr. Jacobs,

10
                                       

                                   

                                             

                                   

                                               

   

  

                                               

                                         

  

  

                     

                         

                 

  

              

             

     

         

  

  

  

                                 

       

 

 

jAco s LAW.1· 

R 11 ."i I ~ I :i :. I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 86 of 207 * PUBLIC *; 

Thank you for your letter, as well as your letter to my colleague Sophie Calderón regarding the related subpoena for

testimony. Unfortunately, an extension of two months on either the return date or the deposition will not be workable.

The relevant Rules of Practice, 16 C.F.R. Part 3, only allow for a very short discovery period. That said, our team is happy

to discuss how to obtain the necessary documents and testimony while minimizing any inconvenience to your client. Are

you available for a call early next week to discuss both subpoenas? If so, please let us know a few times that would work

for you.

I have CCed Sophie, as well as our colleagues Breena Roos and Beth Howe, as I will be out of the office next week.

Though I will be checking email, they will likely get back to you faster than I can. Thank you in advance.

Best,

Colin

Colin D. A. MacDonald (he/him) | Attorney | Federal Trade Commission

Northwest Regional Office | 915 Second Ave., Ste. 2896 | Seattle, WA 98174

Tel.: (206) 220‐4474 | Fax: (206) 220‐6366 | Web: www.ftc.gov

From: The Jacobs Law LLC Office <office@thejacobslaw.com>

Sent: Thursday, July 14, 2022 11:33 AM

To: MacDonald, Colin <cmacdonald@ftc.gov>

Subject: Correspondence from The Jacobs Law

Attorney MacDonald,

Please see the attached correspondence from Attorney Travis Jacobs. Please feel free to contact him directly at

TJacobs@thejacobslaw.com regarding this matter

Warmest regards, 

Taylor Lee, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

Office@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain 

information from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or 

work product of counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, 

11
  

  

  

  

                                 

  

  

  

                                 

  

  

  

                                 

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 87 of 207 * PUBLIC *; 

distribution and/or the taking of or refraining from taking of any action in reliance on the contents of this e-mail 

information is strictly prohibited and may result in legal action being instituted against you. Please reply to the 

sender advising of the error in transmission and delete the message and any accompanying documents from your 

system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue 

Service, we inform you that any federal tax advice contained in this communication (including any attachments) is 

not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related 

penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any 

tax-related matters addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. 

In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must 

immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax 

law advice, and take no action in reliance on any such tax or tax law advice. The substance of this email shall not 

constitute a binding offer or acceptance of settlement. The Jacobs Law LLC, and any attorney or staff at The Jacobs 

Law LLC, is NOT authorized to bind any client to any agreement. Any and all proposals or offers to settle and/or 

acceptance of a proposal or offer to settle by any client of The Jacobs Law LLC is strictly conditioned on a mutually 

agreeable written settlement agreement negotiated with the advice of legal counsel and signed and dated by all the 

interested parties. Do not send confidential documents including, but not limited to, medical records and social 

security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. Our staff 

will provide a secure method for transferring such documents and information upon written request. 

This email has been scanned for spam and viruses. Click here to report this email as spam.

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 89 of 207 * PUBLIC *; 

PX05

PUBLIC
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 90 of 207 * PUBLIC *; 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

) 

In the Matter of ) 

) 

HOMEADVISOR, INC ., a corporation ) DOCKET NO. 9407 

d/b/a ANGI LEADS, ) 

d/b/a HOMEADVISOR POWERED BY ANGI. ) 

RESPONSES AND OBJECTIONS OF 

NON-PARTY TRIARES INC. TO SUBPOENA DUCES TECUM 

Pursuant to 16 C.F.R. § 3.34 and § 3.37, Triares Inc. ("Triares"), a non-pa1ty to this 

proceeding, hereby objects and responds to the Subpoena Duces Tecum dated June 28, 2022 and 

served upon its registered agent on or about July 7, 2022 by the Federal Trade Commission 

("FTC") (the "Subpoena")1. 

GENERAL OBJECTIONS 

1. T1iares objects to the Subpoena to the extent that it seeks to impose obligations on T1iares 

that exceed or modify the requirements of the FTC's Rules ofPractice, the FTC's governing 

regulations, and other applicable mies ofprocedure. 

2. T1iares objects to the Subpoena on the grounds that it is overbroad and seeks the production 

of documents and information that are neither relevant to the subject matter of this 

proceeding, nor reasonably calculated to yield information relevant to the facts or 

allegations of the March 11, 2022 complaint (the "Complaint") against HomeAdvisor Inc 

d/b/a "Angi Leads", d/b/a "HomeAdvisor Powered by Angi" ("HomeAdvisor" or 

"Respondent"), to any proposed relief, or to the defenses ofthe Respondent. Specifically, 

1 Attorneys for the FTC graciously granted counsel for Triares an extension to respond to the 

subpoenas due to this counsel's debilitating COVID-19 infection that followed a pre-planned 10 

day trip to Europe. 

1 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 91 of 207 * PUBLIC *; 

the FTC seeks information that is entirely unrelated to the key allegations contained in the 

FTC's complaint including, without limitation, (a) the representations that Respondent 

made to "Service Providers" concerning the quality, characteristics, and source of 

Respondent's leads and/or (b) the amounts charged by Respondent to Se1vice Providers for 

the leads. Notably, the Complaint makes not allegations against or concerning Triares and 

Triares is not a paiiy to the above-caption action. 

3. Triares objects to the Subpoena to the extent that any request (collectively, the ''Requests") 

contained in the Subpoena seek documents that are protected by the attorney-client 

privilege, work product doctrine, the common interest privilege, prepared in coI1I1ection 

with settlement discussions, prepared in anticipation of litigation and other applicable 

p1ivileges, immunities, protections, restrictions and duties of confidentiality belonging to 

Triai·es. To the extent that any production of documents or infonnation is made, any 

inadve1tent production ofp1ivileged documents or infmmation in response to the Subpoena 

is not intended to constitute a waiver of any applicable privilege or protection. Triares 

demands that the FTC, its agents, and attorneys notify Triai·es' undersigned counsel of the 

production of any such documents or information immediately upon discove1y of such 

documents, and return such documents to undersigned counsel upon request. 

4. Triares objects to the Subpoena on the grounds that it seeks infmmation or documents that 

constitute, contain, or refer to trade secrets or other proprieta1y or confidential business and 

commercial infmmation ofTriares, including commercially and/or competitively sensitive 

information and any other confidential, sensitive, or private information, or information 

that would cause substantial competitive damage ifdisclosed. 

2 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 92 of 207 * PUBLIC *; 

5. Triares objects to the Subpoena to the extent it seeks documents and/or data that are the 

confidential and proprieta1y information of another third party or the subject of nondisclosure agreements and/or confidentiality agreements with third pa1ties. 

6. T1iares objects to the Subpoena to the extent it seeks documents and/or data protected by 

rights to privacy, that is subject to state and/or federal privacy laws, or to the extent that it 

seeks inf01mation subject to the restrictions imposed by laws of the United States of 

America or other relevant jurisdictions. 

7. Triares objects to the Subpoena to the extent that it purp01is to require the production of 

documents that are not in its possession, custody, or control and/or documents or 

infonnation that are no longer in existence. 

8. Triares objects to the Subpoena to the extent that the documents, data and/or information 

sought is unreasonably cumulative or duplicative or is obtainable from another source 

including, without lin1itation, the Respondent, that is more convenient, less burdensome, 

and/or less expensive. 

9. Triares objects to the Subpoena to the extent that it places the umeasonable burden of 

production on a non-pa1iy such as Triares before the FTC has exhausted its effo1ts to obtain 

such documents, data and/or information from the Respondent. See e.g. Echostar 

Commc'ns Corp. v. News Corp. , 180 F.R.D. 391 , 395 (D. Colo. 1998). 

10. Triares, Inc. objects to the Requests that seek inf01mation relating to the Respondent on 

the grounds that they ar·e overly broad, and may be obtained directly from the Respondent 

if such documents or info1mation exist, and without cost, expense or burden to non-party, 

Triar·es Inc. 

3 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 93 of 207 * PUBLIC *; 

11. Triares objects to the Subpoena on the grounds that the Requests are not limited to a 

reasonable time period. 

12. Triares objects to the Subpoena to the extent that it seeks infonnation concerning "all 

documents", "each version" or the like on the basis that providing a response to such 

Requests would be unduly burdensome. 

13. Triares objects to the Subpoena to the extent it purpo1ts to impose a duty on Triares to 

undertake a search for info1mation beyond a reasonably diligent search of its files where 

information responsive to the Requests would reasonably be expected to be found. 

14. Triares objects to the Requests to the extent that it is vague, ambiguous, confusing, and 

contrary to the plain meaning of the te1ms involved or utilizes capitalized te1ms which are 

not adequately or plainly defined. 

15. Triares, Inc. objects to Definition #5 of "Consumer-Specific Information" as vague and 

ambiguous, especially when read in conjunction with Definition #5 of "Person". 

16. Triares, Inc. objects to Definition #9 of "Service Provider" as vague and confusing, 

especially whereas Triares is not involved in and has no knowledge of the Persons who 

purchase a "membership" from Respondent. 

17. Triares, Inc. objects to Definition #10 of ''You", ''Your" and "Yourself' as unduly broad 

and burdensome, refeffing to a potentially broad group of entities, agents and individuals 

acting on behalf of Triares, Inc. including former employees and other patties unlikely to 

have documents responsive or relevant to the Subpoena or the facts and allegations of the 

Complaint. 

4 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 94 of 207 * PUBLIC *; 

18. Triares, Inc. objects to the Subpoena to the extent that it seeks information or documents 

that are neither relevant nor reasonably calculated to lead to the discove1y of admissible 

evidence. Fed.Rules Civ.Proc.Rule 26(b)(l). 

19. T1iares, Inc. objects to the Subpoena to the extent it seeks info1mation that is subject to 

confidentiality agreements, or to the extent that it seeks info1mation subject to 

confidentiality restrictions or in1posed by, or exempt from production pursuant to, comt 

order, or laws ofthe United States ofAmerica or other relevant jurisdictions. 

20. Triares Inc. incorporates by reference the General Objections set forth above into each of 

its responses, whether or not repeated therein, as well as any specifically stated objections. 

T1iares Inc. may repeat a general objection for emphasis or some other reason, but the 

failure to do so does not waive any general objection to the Subpoena. Triares Inc. does 

not waive its right to amend its objections or responses. Triares lnc.'s willingness to provide 

any of the requested responses or info1mation is not an admission that such request, 

response, data or information are relevant and/or admissible. 

SPECIFIC OBJECTIONS AND RESPONSES 

REQUEST NO. 1: 

Each version of any web-page or other consumer-facing interface, whether electronic or 

physical, by which You obtained Consumer-Specific Information that You subsequently 

provided to HomeAdvisor. 

RESPONSE TO REQUEST NO.1: 

In addition to and in express reliance on the General Objections set f01th above, Triares, 

Inc. objects to this Request on the grounds that it is overly broad and unduly burdensome. Triares 

objects to this Request on the grounds that it is not reasonably limited in time or scope. See Andra 

Grp., LP v. JDA Software Grp., Inc., 312 F.R.D. 444, 450 (N.D. Tex. 2015) (noting that a Comt 

may find that a subpoena presents an undue burden when the subpoena is facially overbroad). 

5 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 95 of 207 * PUBLIC *; 

Moreover, Triares Inc. objects to this Request to the extent it seeks information that is not relevant 

to any claim or defense of any pa1ty in this action, and/or not reasonably calculated to lead to the 

discovery ofadmissible evidence. 

Triares also objects to this Request to the extent it seeks information or documents that 

constitute, contain, or refer to trade secrets or other confidential business and commercial 

information of Triares, including proprietary info1mation or commercially and/or competitively 

sensitive info1mation. The FTC does not allege, nor is there any evidence to suggest, that Triares 

communicated any service requests or made any of the alleged representations to any "Service 

Provider" of the Respondent during the relevant time period, or at any other time. Triares treats 

the documents and/or information sought in this Request as highly confidential, proprietary, and 

competitively sensitive business information - a trade secret that Triares protects from both 

competitors and the public at large, and Triares has not disclosed such information to the 

Respondent. 

The Subpoena seeks Triares' highly confidential, proprieta1y, and competitively sensitive 

business infmmation and trade secrets despite the fact that Triares (a) protects such materials and 

data from disclosure to any third party including, without linlitation, the Respondent, and (b) has 

never provided such materials or data to Respondent nor permitted Respondent to access such 

mate1ials or data. Thus, neither the "web-page or other consumer-facing interface", the content 

thereon nor the URLs associated therewith would be known to or reviewed by Respondent, and 

therefore such materials and information have no relevance to any ofthe claims, issues or defenses 

raised in the above-captioned action. Although the fact that Triares protects such materials and 

data as highly confidential, proprietary, and competitively sensitive business infmmation and trade 

6 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 96 of 207 * PUBLIC *; 

secrets may, itself, be relevant to the allegations in the Complaint, the underlying materials and 

data sought by the Subpoena are inelevant and immaterial. 

Although Triares recognizes that a protective order was entered in this action on March 14, 

2022, it is not clear that the federal comi's records storage systems are sufficiently secme to protect 

Triares' highly confidential, prop1ieta1y, and competitively sensitive business infonnation and 

trade secrets from unauthorized disclosure. It has been widely repo1ted as recently as July 28, 

2022, that the U.S. Dept. of Justice continues to investigate a massive data breach of the U.S. 

federal comis system that extends as far back as 2020. See Josh Gerstein, "Justice Department 

fuvestigating Data Breach of Federal Comi System." Politico.com. July 28, 2022, 

www.politico.com/news/2022/07/28/justice-department-data-breach-federal-court-system00048485 Accessed August 15, 2022. The Administrative Office of the U.S. Comts ("AO") 

published a statement on Janua1y 6, 2021 concerning the breach that read in relevant pali: 

The AO is working with the Depa1tment ofHomeland Security on a 

security audit relating to vulnerabilities in the Judiciary's Case 

Management/Electronic Case Files system (CM/ECF) that 

greatly risk compromising highly sensitive non-public 

documents stored on CM/ECF, particularly sealed filings. An 

apparent compromise of the confidentiality of the CM/ECF system 

due to these discovered vulnerabilities cunently is under 

investigation. Due to the nature of the attacks, the review of this 

matter and its impact is ongoing. (emphasis added). 

See "Judicia1y Addresses Cybersecurity Breach: Extra Safeguard to 

Protect Sensitive Court Records." USCourts.gov. Janua1y 6, 2021, 

www.uscomts.gov/news/2021/01 /06/judiciaiy-addressescybersecmity-breach-extra-safeguards-protect-sensitive-comi 

Accessed August 17, 2022. 

It is not yet cleai· that the 'secmity audit' has been completed or that the vulnerabilities identified 

in the AO's statement have been fully addressed or resolved. 

7 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 97 of 207 * PUBLIC *; 

Given that Triares is a non-paity to this action, the Subpoena seeks highly confidential, 

proprietary, and competitively sensitive business info1mation and trade secrets which ai·e not 

relevant to the claims, issues or defenses raised in this action, and the burden of disclosure to 

Ttiares, Triares fmther objects to the Request on the grounds that such proprieta1y info1mation and 

trade secrets may be at far greater risk ofunauthorized disclosure ifproduced. Thus, Triares objects 

on the grounds that the injury that may result from disclosure far outweighs the need, ifany exists, 

for the proprietary and competitively sensitive business information and trade secrets sought by 

the Subpoena. 

Finally, Triares objects to this Request on the grounds that the burden of producing the 

requested documents is dispropo1tionate to, and outweighs the needs of, the case. See FTC. v. 

Bowman, 149 F. Supp. 624, 629- 30 (N.D. Ill.), affd, 248 F.2d 456 (7th Cir. 1957) (whether or not 

requested info1mation is or may be relevant to a pending proceeding, the imposition of a heavy 

burden upon non-paity should be avoided and is a ground for an order limiting the duty to produce). 

REQUEST NO. 2: 

To the extent that any Document identified and produce in response to Request for 

Production No. 1 was made available by You at an internet address, and the Uniform Resource 

Locator (URL) for that internet address is not included within the Document, Documents 

sufficient to show the URL at which the Document is or was located. 

RESPONSE TO REQUEST NO. 2: 

fu addition to and in express reliance on the General Objections set fo1th above, Triares, 

fuc. objects to this Request on the grounds that it is overly broad and unduly burdensome. 

Moreover, Triares fuc. objects to this Request to the extent it seeks info1mation that is not relevant 

to any claim or defense of any pa1ty in this action, and/or not reasonably calculated to lead to the 

discove1y ofadmissible evidence. 

8 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 98 of 207 * PUBLIC *; 

Triares also objects to this Request to the extent it seeks information or documents that 

constitute, contain, or refer to trnde secrets or other confidential business and commercial 

information of Triares, including proprietary information or commercially and/or competitively 

sensitive info1mation. The FTC does not allege, nor is there any evidence to suggest, that T!iares 

communicated any service requests or made any of the alleged representations to any "Service 

Provider" of the Respondent dming the relevant time period, or at any other time. Triares treats 

the documents and/or infmmation sought in this Request as highly confidential, proprietary, and 

competitively sensitive business infmmation - a trade secret that Triares protects from both 

competitors and the public at large, and Triares has not disclosed such information to the 

Respondent. 

The Subpoena seeks Triares' highly confidential, proprietruy, and competitively sensitive 

business info1mation and trade secrets despite the fact that Triares ( a) protects such mate1ials and 

data from disclosure to any third party including, without limitation, the Respondent, and (b) has 

never provided such materials or data to Respondent nor permitted Respondent to access such 

materials or data. Thus, neither the "web-page or other consumer-facing interface", the content 

thereon nor the URLs associated therewith would be known to or reviewed by Respondent, and 

therefore such materials and info1mation have no relevance to any ofthe claims, issues or defenses 

raised in the above-captioned action. Although the fact that Triares protects such mate1ials and 

data as highly confidential, proprietruy, and competitively sensitive business infmmation and trade 

secrets may, itself, be relevant to the allegations in the Complaint, the underlying materials and 

data sought by the Subpoena are in-elevant and immaterial. 

Although Triares recognizes that a protective order was entered in this action on March 14, 

2022, it is not cleru· that the federal comt's records storage systems are sufficiently secme to protect 

9 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 99 of 207 * PUBLIC *; 

Triares' highly confidential, proprieta1y, and competitively sensitive business info1mation and 

trade secrets from unauthorized disclosure. It has been widely reported as recently as July 28, 

2022, that the U.S. Dept. of Justice continues to investigate a massive data breach of the U.S. 

federal comts system that extends as far back as 2020. See Josh Gerstein, "Justice Department 

fuvestigating Data Breach of Federal Comt System." Politico.com. July 28, 2022, 

www.politico.com/news/2022/07/28/justice-department-data-breach-federal-court-system00048485 Accessed August 15, 2022. The Administrative Office of the U.S. Comts ("AO") 

published a statement on January 6, 2021 concerning the breach that read in relevant part: 

The AO is working with the Depa1tment ofHomeland Security on a 

security audit relating to vulnerabilities in the Judiciat'y's Case 

Management/Electronic Case Files system (CM/ECF) that 

greatly risk compromising highly sensitive non-public 

documents stored on CM/ECF, particularly sealed filings. An 

appar·ent compromise of the confidentiality of the CM/ECF system 

due to these discovered vulnerabilities cunently is under 

investigation. Due to the nature of the attacks, the review of this 

matter and its impact is ongoing. (emphasis added). 

See "Judicia1y Addresses Cybersecurity Breach: Extra Safeguard to 

Protect Sensitive Court Records." USCourts.gov. Janua1y 6, 2021, 

www.uscomts.gov/news/2021/0 l /06/judiciary-addressescybersecurity-breach-extra-safeguar·ds-protect-sensitive-comi 

Accessed August 17, 2022. 

It is not yet clear that the 'security audit' has been completed or that the vulnerabilities identified 

in the AO's statement have been fully addressed or resolved. 

Given that Triar·es is a non-party to this action, the Subpoena seeks highly confidential, 

proprietary , and competitively sensitive business info1mation and trade secrets which are not 

relevant to the claims, issues or defenses raised in this action, and the bmden of disclosure to 

Triares, Triares fuither objects to the Request on the grounds that such proprieta1y info1mation and 

trade secrets may be at far greater risk ofunautholized disclosme ifproduced. Thus, Triares objects 

10 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 100 of 207 * PUBLIC *; 

on the grounds that the injury that may result from disclosme far outweighs the need, ifany exists, 

for the proprietary and competitively sensitive business information and trnde secrets sought by 

the Subpoena. 

Triares objects to this Request on the grounds that the burden ofproducing the requested 

documents is dispropo1tionate to, and outweighs the needs of, the case. See FTC v. Bowman, 149 

F. Supp. 624, 629-30 (N.D. Ill.), affd, 248 F.2d 456 (7th Cir. 1957) (whether or not requested 

information is or may be relevant to a pending proceeding, the imposition of a heavy burden upon 

non-party should be avoided and is a ground for an order limiting the duty to produce). 

Finally, Triares finther objects to this Request as umeasonably cumulative or duplicative 

to the extent the Request calls for the same information as Request No. 1. See also Response to 

Request No. 1. 

REQUEST NO. 3: 

Documents sufficient to show all discrete categories of Consumer-Specific Information 

(e.g. name, address, phone, e-mail address, specific home project needs) that You provide or have 

provided to HomeAdvisor. 

RESPONSE TO REQUEST NO. 3: 

fu addition to and in express reliance on the General Objections set f01th above, T1iares, 

Inc. objects to this Request on the grounds that it is overly broad and unduly burdensome. Triares 

objects to this Request on the grounds that it is not reasonably limited in time or scope. See Andra 

Grp., LP v. JDA Software Grp., Inc. , 312 F.R.D. 444, 450 (N.D. Tex. 2015) (noting that a Comt 

may find that a subpoena presents an undue burden when the subpoena is facially overbroad). 

Triares fuc. objects to this Request to the extent it seeks information that is not relevant to 

any claim or defense of any pa1ty in this action, and/or not reasonably calculated to lead to the 

discovery of admissible evidence. Triares also objects to this Request to the extent it seeks 

11 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 101 of 207 * PUBLIC *; 

documents and/or data that are the confidential and proprietary information of another third party 

or the subject ofnon-disclosure agreements and/or confidentiality agreements with third pa1ties. 

Triares objects to this Request to the extent that it seeks information outside ofTriares' possession, 

custody or control, and Triares objects to this Request to the extent that it seeks info1mation that 

may be obtained from another source that is more convenient, less burdensome, and/or less 

expensive including, without limitation, the Respondent. The same info1mation could be obtained 

without cost, expense or burden to Triares Inc. through a discovery request directed to the 

Respondent in the above-captioned action. Finally, Triares objects to this Request on the grounds 

that the burden of producing the requested documents is disproportionate to, and outweighs the 

needs of, the case. 

Subject to and without waiving its Specific and General Objections to this Request, Triares 

has produced responsive, non-p1ivileged info1mation within its possession, custody, or control and 

located after a reasonably diligent search, to the extent that Triares comprehends the Request, and 

subject to the following limitations: to the extent that any discrete categories ofdata are transmitted 

by Triares to Respondent it does not necessarily mean a transmission contains data for all 

categories at all times, and the categories of data transmitted may differ for each transmission. 

REQUEST NO. 4: 

All Consumer-Specific Information You provided to HomeAdvisor in September 2020. 

RESPONSE TO REQUEST NO. 4: 

In addition to and in express reliance on the General Objections set fo1th above, Triares, 

Inc. objects to this Request on the grounds that it is overly broad and unduly burdensome. 

Moreover, Triares Inc. objects to this Request to the extent it seeks information that is not relevant 

12 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 102 of 207 * PUBLIC *; 

to any claim or defense of any party in this action, and/or not reasonably calculated to lead to the 

discovery of admissible evidence. Triares also objects to this Request to the extent it seeks 

documents and/or data that are the confidential and proprietary info1mation of another third party 

or the subject of non-disclosure agreements and/or confidentiality agreements with third parties. 

Triares objects to this Request to the extent that it seeks info1mation that may be obtained from 

another source that is more convenient, less burdensome, and/or less expensive including, without 

limitation, the Respondent. The same inf01mation could be obtained without cost, expense or 

burden to Triares Inc. through a discovery request directed to the Respondent in the abovecaptioned action. See Echostar Commc'ns Corp. v. News Corp. , 180 F.R.D. 391, 395 (D. Colo. 

1998) (where the Comt concluded the requesting party had not demonstrated a "substantial need" 

because the materials sought from the non-pa1ty were as readily available from the other pa1ty to 

the action as they were from non-pa1ties, and the requesting pa1ty "had not yet exhausted its effo1ts 

to seek production of such materials from" the other pa1ty). 

Finally, Triares objects to this Request on the grounds that the burden of producing the 

requested documents is disprop01tionate to, and outweighs the needs of, the case. 

REQUEST NO. 5: 

All complaints You have received from third pa1ties, including Service Providers and 

Persons whose Customer-Specific Information You obtained, regarding Your provision of 

Consumer-Specific Information to HomeAdvisor. 

RESPONSE TO REQUEST NO. 5: 

In addition to and in express reliance on the General Objections set f01th above, Triares, 

Inc. objects to this Request on the grounds that it is overly broad and unduly burdensome. Triar·es 

objects to this Request on the grounds that it is not reasonably limited in time or scope. See Andra 

13 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 103 of 207 * PUBLIC *; 

Grp., LP v. JDA Software Grp., Inc., 312 F.R.D. 444, 450 (N.D. Tex. 2015) (noting that a Comt 

may find that a subpoena presents an undue burden when the subpoena is facially overbroad). 

Moreover, Triares Inc. objects to this Request to the extent it seeks infmmation that is not 

relevant to any claim or defense of any pru.ty in this action, and/or not reasonably calculated to 

lead to the discove1y of admissible evidence. Triares also objects to this Request to the extent it 

seeks documents and/or data that are the confidential and proprieta1y info1mation of another third 

pru.ty or the subject of non-disclosure agreements and/or confidentiality agreements with third 

pa1ties. Triares objects to this Request to the extent that it seeks information that may be obtained 

from another source that is more convenient, less burdensome, and/or less expensive including, 

without limitation, the Respondent. The same information could be obtained without cost, expense 

or burden to Triru.·es Inc. through a discove1y request directed to the Respondent in the abovecaptioned action. See Echostar Commc'ns Corp. v. News Corp. , 180 F.R.D. 391, 395 (D. Colo. 

1998) (where the Comt concluded the requesting pa1ty had not demonstrated a "substantial need" 

because the materials sought from the non-pa1ty were as readily available from the other pru.ty to 

the action as they were from non-pru.ties, and the requesting pa1ty "had not yet exhausted its effmts 

to seek production of such materials from" the other pru.ty). 

T1iares objects to this Request on the grounds that the burden ofproducing the requested 

documents is disproportionate to, and outweighs the needs of, the case. T1iares objects to the 

Request as vague and confusing due in pa1t to the undefined, but capitalized te1m "CustomerSpecific Info1mation", whereas T1iares does not engage or have any contractual relationship with 

Respondent's customers or "Service Providers", does not obtain their info1mation and, fmther, has 

no knowledge ofthe Persons who purchase a "membership" from Respondent. 

14 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 104 of 207 * PUBLIC *; 

ATTORNEY FOR TRIARES, INC. 

THE JACOBS LAW, LLC 

By: Isl Travis J Jacobs, Esq. 

Travis J. Jacobs, BBO# 671921 

DATED: 8/17/2022 The Jacobs Law, LLC 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800-652-4783 (P) / 888-613-1919 (F) 

TJacobs@TheJacobsLaw.com 

15 

PUBLIC
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 105 of 207 * PUBLIC *; 

TRIARES INC {Non-Party) Response 8/18/2022 0001 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 106 of 207 * PUBLIC *; 

TRIARES INC {Non-Party) Response 8/18/2022 0002 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 107 of 207 * PUBLIC *; 

TRIARES INC {Non-Party) Response 8/18/2022 0003 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 108 of 207 * PUBLIC *; 

TRIARES INC {Non-Party) Response 8/18/2022 0004 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 109 of 207 * PUBLIC *; 

TRIARES INC {Non-Party) Response 8/18/2022 0005 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 110 of 207 * PUBLIC *; 

TRIARES INC {Non-Party) Response 8/18/2022 0006 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
TRIARES INC (Non-Party) Response 8/18/2022 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 152 of 207 * PUBLIC *; 

PX06
                                               

                                           

                                                 

  

 

 

R 11 ."i I ~ I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 153 of 207 * PUBLIC *; 

Howe, Beth 

From: 

Sent: 

To: 

TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com> 

Wednesday, August 31, 2022 12:16 PM

Howe, Beth 

Cc: 

Subject: 

MacDonald, Colin; Calderon, Sophie; Roos, Breena; Barach, Kate; Halpern-Meekin, Ben 

RE: [External] Discussion; FTC Subpoenas to Triares, Inc. 

Beth

Since we’re past 3pm EST here we have no choice but to state that we will not appear pending the ALJ’s ruling on the

petition. That being said, we are still open to a discussion concerning the scope and duration of the deposition – though I

feel it is prudent for me to insist that we put any agreement clearly in writing. If you are amenable to that please let me

know.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

1
        

           

         

                 

       

                 

   

                                            

              

                                         

   

            

           

     

                 

       

                 

   

                                         

            

                                       

                         

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 154 of 207 * PUBLIC *; 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 31, 2022 2:08 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

We are in receipt of your motion. We have found that the e‐filing system sometimes requires a zero in front of the

docket number to enable submission (i.e., 09407).

With the service of this motion, can you please confirm that your client will not be appearing at all at tomorrow’s

scheduled deposition?

Sincerely,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Wednesday, August 31, 2022 10:35 AM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Ms. Howe,

As we repeatedly stated we would be filing the motion to quash any costs you incur in arranging the deposition for

tomorrow are at your own risk.

We have served you with an Emergency Petition to Stay the Deposition and to Quash or Limit Deposition. The e‐file

system is not recognizing the docket number of 9407. Additional copies attached.

Warmest Regards, 

2
 

 

        

           

         

                 

       

                 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 155 of 207 * PUBLIC *; 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 31, 2022 1:32 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

3
   

                               

         

__________ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 156 of 207 * PUBLIC *; 

Dear Travis,

Below please find the Zoom and AgileLaw logon information for tomorrow’s scheduled deposition of Triares, Inc.,

beginning at 9:00am Pacific.

Sincerely,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

For The Record, Inc. is inviting you to a scheduled Zoom meeting. 

Topic: Deposition of Triares, Inc. 

Time: Sep 1, 2022 09:00 AM Pacific Time 

Join Zoom Meeting 

https://us06web.zoom.us/j/88335227132 

Meeting ID: 883 3522 7132 

Passcode: 829516 

One tap mobile 

+13017158592,,88335227132#,,,,*829516# US (Washington DC) 

+13092053325,,88335227132#,,,,*829516# US 

Dial by your location 

+1 301 715 8592 US (Washington DC) 

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Meeting ID: 883 3522 7132 

4
     

                          

            


      

             

         

                 

       

                 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 157 of 207 * PUBLIC *; 

Passcode: 829516 

Find your local number: https://us06web.zoom.us/u/kcXxUQPkXz 

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Join by H.323 

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Meeting ID: 883 3522 7132 

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IMPORTANT NOTE TO COUNSEL: Please review the list of invitees to 

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From: Howe, Beth

Sent: Tuesday, August 30, 2022 1:10 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

5
   

                                               

                         

                                   

                               

                        

            

             

     

                 

       

                 

   

                                             

                                   

                                             

          

                                       

                                         

                                   

                                             

                                       

                                     

                                       

   

                                        

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 158 of 207 * PUBLIC *; 

Dear Travis,

Attached please find a copy of the subpoena package as issued on June 28, 2022; I direct you to the certification on p. 5

of Attachment A to the Subpoena Duces Tecum (p. 6 of the .pdf).

We disagree with your recitation of events and, as previously indicated, will proceed with the deposition as scheduled

on Sept. 1 independent of whether your client elects to submit the outstanding certification we previously

requested. We will forward the information necessary for your client to appear.

Sincerely,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Tuesday, August 30, 2022 12:02 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Ms. Howe,

First, as you know – we never raised any issue with any certification. I do not see any other certification in the packet.

And you only referred to “the” certification (not multiple certifications). If there’s another certification, please send it to

me via email and I will review it. If you receive this additional certification signed by a representative of my client is that

sufficient to avoid a deposition?

Second, the 9/1 date was always conditioned on a reservation of rights (stated clearly in multiple emails). I was very

transparent and explicit that we intended to file a motion to quash if you chose to proceed with the deposition. You

entered into the arrangement, received the documents, and confirmed receipt with the knowledge that if you chose to

proceed with the deposition we would file the motion to quash and at no time did you object to that or raise a

timeliness issue. Nevertheless, my client’s willingness to work with you on the responses cannot be used as a tool to

bully my client into a deposition we fully expected you would take off the docket when you received the supplemented

responses you wanted – because that is the message that was being conveyed to us, perhaps not directly, but certainly

indirectly.

I note that you have declined to discuss the conditions under which we would agree to proceed with the deposition.

Warmest Regards, 

Travis J. Jacobs, Esq. 

6
 

 

        

             

         

                 

       

                 

   

R 11 ."i I :"ii. I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 159 of 207 * PUBLIC *; 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Tuesday, August 30, 2022 2:33 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

7
                                         

                                  

                                   

       

                                       

                                        

                           

  

            

             

     

                 

       

                 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 160 of 207 * PUBLIC *; 

The certification I referred to in my 8/29 email is the separate certification found on page 5 of the subpoena (the

attachment you forwarded is the records custodian certification found on p. 6). We specifically requested that your

client execute both certifications as a condition of consideration of your request to cancel the deposition, and received

only the records custodian certification.

With respect to your proposed motion, we will review whatever your client chooses to file, but again note that we

consider such a filing to be untimely. At this point Complaint Counsel expects your client’s appearance at a duly noted

deposition, and we will prepare to go forward on Sept. 1 as previously agreed.

Sincerely,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Tuesday, August 30, 2022 11:13 AM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: Re: [External] Discussion; FTC Subpoenas to Triares, Inc.

Ms. Howe 

Making statements in an email does not make them true. Much of what you wrote is a mischaracterization, and I 

feel very misled – lesson learned. 

We will be filing the motion to quash and/or limit the deposition. If you would like to discuss conditions under 

which we would agree to proceed with the deposition, please let me know by 3pm today – since time is of the 

essence. 

Also, much like the statements in the email, the certification that accompanied the subpoena was, in fact, 

provided to you. You acknowledged receipt of it in your email (screenshot attached and your email is in this 

chain). Despite that, you continue to allege that it was not provided. A copy of that certificate is attached again. 

8
 

 

~UbJect: Kl:: ll:xternallJ UISCUS.S!On; I-IC Subpoenas to ~ ' me. 

I can confirm receipt and download of the following: 

• 0048-0050. pdf 

•· 0051-0057.pdf 

•· 0058-0065. pdf 

•· 0066-0072. pdf 

• 0073-0079. pdf 

•· 0080-0087. pdf 

•· 0088-0094. pdf 

•· 0095-0096. pdf 

•· 000097-02604-1.pdf 

•· 02:6042-053892.pdf 

•· KOR Certifiicate 8-26-2022.pdf 

•· ~ - FTC Final Draft - Supp Response to Subpoena 8-26-2022.pdf 

Please advise whether anything is missing from that list that we should haiVe received. We will revii ew and revert as soo 

Sincerely, 

Beth 

M. Elizabeth Howe, Esq. 

Federal Trade Commission I Northwest Region 

206.220.44 7'6 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 161 of 207 * PUBLIC *; 

Warmest regards, 

Travis J. Jacobs, Esq. 

THE JACOBS LAW LLC 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

Twitter: @THEJACOBSLAW 

Facbook: m.facebook.com/TheJacobsLaw 

CONFIDENTIALITY NOTICE: This e-mail message and any documents accompanying this e-mail 

transmission contain information from The Jacobs Law LLC which is privileged and confidential 

attorney-client communication and/or work product of counsel. If you are not the intended recipient, 

you are hereby notified that any disclosure, copying, distribution and/or the taking of or refraining from 

taking of any action in reliance on the contents of this e-mail information is strictly prohibited and may 

result in legal action being instituted against you. Please reply to the sender advising of the error in 

9
     

             

         

                 

       

                

 

   

  

                            

                                     

                                     

                                 

                               

                                

                              

                                

                               

                                

                                   

                                 

                                       

                                     

  

                       

                                       

                                   

                                     

                                         

                                   

   

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 162 of 207 * PUBLIC *; 

transmission and delete the message and any accompanying documents from your system 

immediately. Thank you. 

IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the 

U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this 

communication (including any attachments) is not intended or written to be used, and cannot be used, 

by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue 

Code, or (2) promoting, marketing or recommending to another party any tax-related matters 

addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law 

advice. Please be advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified 

to render tax or tax law advice. In the event you receive any tax or tax law advice from an attorney or 

staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no 

action in reliance on any such tax or tax law advice. The substance of this email shall not constitute a 

binding offer or acceptance of settlement. Any offer to settle or acceptance of an offer to settle is 

conditioned on a fully executed settlement agreement mutually agreed to by the interested parties. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, August 29, 2022 8:02:27 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

Your email below misstates our conferrals and Complaint Counsel’s current position. Complaint Counsel cooperated

with you to set your client’s deposition for August 26, 2022, and Complaint Counsel’s position that the deposition was

necessary for the needs of the case never wavered. You conveyed to Complaint Counsel that you believed your client’s

document production in response to the Subpoena Duces Tecum would obviate the need for a deposition, which

Complaint Counsel agreed to consider this as a possibility, expressly subject to review of your client’s forthcoming

production. After repeated delays, on August 18, 2022, Triares, Inc. produced two documents to Complaint Counsel

along with extensive objections conveying the company’s refusal to produce further materials. Following this response,

Complaint Counsel informed you that the deposition would proceed on August 26. You then contacted Complaint

Counsel to make arrangements for a supplemental production, again asking for Complaint Counsel to consider the

forthcoming production in conjunction with a request to cancel your client’s deposition. Complaint Counsel once again

agreed to review your client’s production for this purpose but explicitly did not agree that the proposed production

would necessarily result in cancellation of the deposition. At your request, Complaint Counsel cooperated with you to

reschedule the deposition for Sept. 1, 2022 specifically to allow your client the time to supplement its production and to

keep the deposition on the calendar if your client’s proposed production did not provide a reason to forego the

deposition.

Complaint Counsel has now reviewed your supplemental production and the accompanying supplemental written

responses and found, inter alia, that (i) documents and data produced to date do not speak for themselves, and do not

obviate the need for your client’s testimony regarding these materials; (ii) your client has not provided the certification

included with the document subpoena (see Subpoena Duces Tecum, p. 5), which we had discussed would be required in

order to consider cancelling the deposition; and (iii) the documents and data your client has provided are not in the form

described during our conferrals, when you conveyed your client’s request to postpone the deposition in favor of a

supplemental production.

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R 11 .'i I ~ I .S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 163 of 207 * PUBLIC *; 

To date, your client has not provided so much as an objection to the deposition subpoena setting forth any basis why

your client should not appear. We will review any motion your client should file, though we note that we do not see

how such a motion could be timely (see 16 C.F.R. §3.34(c)). We will otherwise be prepared to move forward with the

deposition on Thursday, and will forward the necessary conference and court reporter information. It would be helpful,

regardless of your planned motion practice, if your client could confirm whether it will stipulate to the court reporter

administering the oath remotely should the deposition go forward.

Sincerely,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Monday, August 29, 2022 2:22 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Beth,

I don’t feel you’ve acted in good faith here. First the issue was that our client had not provided enough of what you

asked for. Then we produce what you asked for on your representation that if we produced what you asked for, you

would consider taking the deposition off. Now your position is that we’ve produced too much and the deposition must

go forward?

We will move to quash.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

11
 

  

        

             

         

                 

       

                 

  

   

  

                                

                               

                            

  

                                 

  

  

  

  

            

             

     

                 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 164 of 207 * PUBLIC *; 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, August 29, 2022 5:10 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

We have reviewed your client’s supplemental document production. Based on what your client has produced and

Triares’ role in providing the leads underlying the HomeAdvisor representations at issue in our case, we have

determined that the deposition will need to go forward on Sept. 1 as planned.

As discussed, please advise whether your client will stipulate to the court reporter administering the oath remotely.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Monday, August 29, 2022 8:47 AM

To: Howe, Beth <mhowe@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

12
  

            

      

  

 

  

        

             

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 165 of 207 * PUBLIC *; 

Looks like you’ve downloaded them all.

Let me know.

Thanks.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Friday, August 26, 2022 7:03 PM

13
         

                 

         

                 

  

   

  

                 

   

                   

  

                                          

         

  

  

  

            

             

     

                 

         

                 

  

  

                                  

  

       

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 166 of 207 * PUBLIC *; 

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

I can confirm receipt and download of the following:

 0048‐0050.pdf

 0051‐0057.pdf

 0058‐0065.pdf

 0066‐0072.pdf

 0073‐0079.pdf

 0080‐0087.pdf

 0088‐0094.pdf

 0095‐0096.pdf

 000097‐026041.pdf

 026042‐053892.pdf

 KOR Certificate 8‐26‐2022.pdf

 Triares – FTC Final Draft – Supp Response to Subpoena 8‐26‐2022.pdf

Please advise whether anything is missing from that list that we should have received. We will review and revert as soon

as possible regarding the deposition.

Sincerely,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Thursday, August 25, 2022 1:59 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Beth,

9/1/2022 at 12pm EST is fine – that is one of the dates / times we proposed.

Compiling the documents now.

Warmest Regards, 

Travis J. Jacobs, Esq. 

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R 11 ."i I :"ii. I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 167 of 207 * PUBLIC *; 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 24, 2022 4:43 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

As we discussed, please confirm your client’s available date(s) for deposition next week as soon as possible, as we will

also need to confirm the proposed alternat date with HomeAdvisor’s counsel. If we do not have confirmation of an

15
                                     

                            

  

                                 

           

  

  

  

            

           

     

                 

         

                 

  

  

  

                         

  

                                       

                                   

                                    

  

                                            

  

       

 

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 168 of 207 * PUBLIC *; 

alternate date on all sides by COB tomorrow, we will need to move forward with the deposition as previously scheduled

on Friday. We look forward to the documents and information your client plans to produce.

Separately, as I mentioned, please advise whether your client will stipulate that the remote professional reporter may

administer the oath at the deposition.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Wednesday, August 24, 2022 4:51 AM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: Re: [External] Discussion; FTC Subpoenas to Triares, Inc.

Atty. Howe,

We appreciate the extensions and your cooperation and consideration of our concerns.

We also understand your position, and we also reserve our right to move to quash or otherwise limit the non‐party

deposition and/or documents subpoena if we are unable to come to a mutually agreeable arrangement. We have made

significant progress to date and I am confident we will be able to compromise on the outstanding concerns.

I am available at or after 4pm EST which seems to be 1pm PST. Can you do any time after 1pm PST?

Warmest regards, 

Travis J. Jacobs, Esq. 

THE JACOBS LAW LLC 

36 Bromfield Street, Suite 502

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

Twitter: @THEJACOBSLAW 

Facbook: m.facebook.com/TheJacobsLaw

CONFIDENTIALITY NOTICE: This e-mail message and any documents accompanying this e-mail 

transmission contain information from The Jacobs Law LLC which is privileged and confidential attorney-client 

communication and/or work product of counsel. If you are not the intended recipient, you are hereby notified 

that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance 

on the contents of this e-mail information is strictly prohibited and may result in legal action being instituted 

against you. Please reply to the sender advising of the error in transmission and delete the message and any 

accompanying documents from your system immediately. Thank you. 

16
     

           

         

                 

         

                  

  

   

  

                                                  

                 

  

                                 

                                      

                                     

                       

  

                                   

                                     

                                        

                                     

                                      

             

  

  

  

  

            

             

     

               

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 169 of 207 * PUBLIC *; 

IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal 

Revenue Service, we inform you that any federal tax advice contained in this communication (including any 

attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) 

avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or 

recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law 

advice. In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you 

must immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such 

tax or tax law advice, and take no action in reliance on any such tax or tax law advice. The substance of this 

email shall not constitute a binding offer or acceptance of settlement. Any offer to settle or acceptance of an 

offer to settle is conditioned on a fully executed settlement agreement mutually agreed to by the interested 

parties. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 24, 2022 1:47:50 AM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

I can speak at 8:30am Pacific with a hard stop at 9:00, or 10:30 Pacific, again with a hard stop at 11:00. Let me know

what time works and I will send a zoom.

As we discussed, an additional production does not guarantee that Complaint Counsel will consent to forego your

client’s deposition; we will have to review what your client ultimately produces to make that determination. Also, as I

have noted previously, we will not take Triares’ deposition fully off the calendar until we have reviewed such a

production so as to lose our opportunity to take the deposition.

Given that our Scheduling Order requires us to produce any additional production from Triares to HomeAdvisor at least

three Business Days prior to the deposition, and this would no longer be possible for Friday’s scheduled deposition, your

client is effectively asking to postpone the deposition. As I told you yesterday, you will need to confirm your client’s

deposition availability for a date next week in order for us to consider pushing Friday’s deposition to accommodate the

proposed production. Please advise on that date as soon as possible, as we will need to confirm the date with

HomeAdvisor before we push the current date.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Tuesday, August 23, 2022 7:07 PM

To: Howe, Beth <mhowe@ftc.gov>

Subject: Re: Discussion; FTC Subpoenas to Triares, Inc.

17
  

                                             

                                        

  

                   

  

       

 

  

         

             

     

               

               

  

  

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 170 of 207 * PUBLIC *; 

Beth

I spoke with my client and I would like to discuss the conditions under which we can send you data from 9/2020 that

includes all the questions asked on all sites for all services during that time related to leads generated for HomeAdvisor.

When is the earliest youre available to discuss tomorrow 8/24?

Warmest regards, 

Travis J. Jacobs, Esq. 

THE JACOBS LAW LLC 

36 Bromfield Street, Suite 502

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

Twitter: @THEJACOBSLAW 

Facbook: m.facebook.com/TheJacobsLaw

CONFIDENTIALITY NOTICE: This e-mail message and any documents accompanying this e-mail 

transmission contain information from The Jacobs Law LLC which is privileged and confidential attorney-client 

communication and/or work product of counsel. If you are not the intended recipient, you are hereby notified 

that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance 

on the contents of this e-mail information is strictly prohibited and may result in legal action being instituted 

against you. Please reply to the sender advising of the error in transmission and delete the message and any 

accompanying documents from your system immediately. Thank you. 

IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal 

Revenue Service, we inform you that any federal tax advice contained in this communication (including any 

attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) 

avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or 

recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law 

advice. In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you 

must immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such 

tax or tax law advice, and take no action in reliance on any such tax or tax law advice. The substance of this 

email shall not constitute a binding offer or acceptance of settlement. Any offer to settle or acceptance of an 

offer to settle is conditioned on a fully executed settlement agreement mutually agreed to by the interested 

parties. 

From: TRAVIS J. JACOBS, ESQ.

Sent: Monday, August 22, 2022 12:10:55 PM

To: Howe, Beth <mhowe@ftc.gov>

Subject: Accepted: Discussion; FTC Subpoenas to Triares, Inc.

When: Monday, August 22, 2022 4:00 PM‐4:30 PM.

Where: https://ftc.zoomgov.com/j/1610349940?pwd=NkwzSExEdGppbC9QdHl5bTV3TS9SQT09

18
  

  

                                 

  

  

                                 

  

                                 

  

                                 

  

                                 

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 171 of 207 * PUBLIC *; 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 173 of 207 * PUBLIC *; 

PX07
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

________________________________________________

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 174 of 207 * PUBLIC *; 

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

)

In the Matter of )

)

HOMEADVISOR, INC., a corporation ) DOCKET NO. 9407

d/b/a ANGI LEADS, )

d/b/a HOMEADVISOR POWERED BY ANGI. )

________________________________________________)

SUPPLEMENTAL RESPONSES AND OBJECTIONS OF

NON-PARTY TRIARES INC. TO SUBPOENA DUCES TECUM

Pursuant to 16 C.F.R. § 3.34 and § 3.37, Triares Inc. (“Triares”), a non-party to this 

proceeding, hereby supplements its objections and responses to the Subpoena Duces Tecum dated

June 28, 2022 and served upon its registered agent on or about July 7, 2022 by the Federal Trade

Commission (“FTC”) (the “Subpoena”)1

.

GENERAL OBJECTIONS

1. Triares incorporates by reference here and into each of its responses, whether or not 

repeated herein or therein, the General Objections set forth in Triares’ original Responses 

and Objections dated August 17, 2022, as well as any specifically stated objections. Triares

Inc. may repeat a general objection for emphasis or some other reason, but the failure to do

so does not waive any general objection to the Subpoena. Triares Inc. does not waive its 

right to amend its objections or responses. Triares Inc.’s willingness to provide any of the

requested responses or information is not an admission that such request, response, data or

information are relevant and/or admissible.

1 Attorneys for the FTC graciously granted counsel for Triares an extension to respond to the

subpoenas due to this counsel’s debilitating COVID-19 infection that followed a pre-planned 10 

day trip to Europe.

1
 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 175 of 207 * PUBLIC *; 

1. Triares Inc. does not waive its right to seek reimbursement of its reasonable costs and 

expenses incurred in relation to its responses to the Subpoena. 

2. Triares Inc. does not waive its right to move to quash or otherwise limit the Subpoena. 

SPECIFIC OBJECTIONS AND RESPONSES

REQUEST NO. 1:

Each version of any web-page or other consumer-facing interface, whether electronic or

physical, by which You obtained Consumer-Specific Information that You subsequently

provided to HomeAdvisor.

SUPPLEMENTAL RESPONSE TO REQUEST NO. 1:

In addition to and in express reliance on the General Objections incorporated by reference

above, Triares, Inc. objects to this Request on the grounds that it is overly broad and unduly

burdensome. Triares objects to this Request on the grounds that it is not reasonably limited in time

or scope. See Andra Grp., LP v. JDA Software Grp., Inc., 312 F.R.D. 444, 450 (N.D. Tex. 2015)

(noting that a Court may find that a subpoena presents an undue burden when the subpoena is

facially overbroad). Moreover, Triares Inc. objects to this Request to the extent it seeks information

that is not relevant to any claim or defense of any party in this action, and/or not reasonably 

calculated to lead to the discovery of admissible evidence. 

Triares also objects to this Request to the extent it seeks information or documents that 

constitute, contain, or refer to trade secrets or other confidential business and commercial 

information of Triares, including proprietary information or commercially and/or competitively

sensitive information. The FTC does not allege, nor is there any evidence to suggest, that Triares

communicated any service requests or made any of the alleged representations to any “Service 

Provider” of the Respondent during the relevant time period, or at any other time. Triares treats 

the documents and/or information sought in this Request as highly confidential, proprietary, and

2
 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 176 of 207 * PUBLIC *; 

competitively sensitive business information – a trade secret that Triares protects from both

competitors and the public at large, and Triares has not disclosed such information to the

Respondent. 

The Subpoena seeks Triares’ highly confidential, proprietary, and competitively sensitive 

business information and trade secrets despite the fact that Triares (a) protects such materials and

data from disclosure to any third party including, without limitation, the Respondent, and (b) has

never provided such materials or data to Respondent nor permitted Respondent to access such 

materials or data. Thus, neither the “web-page or other consumer-facing interface”, the content

thereon nor the URLs associated therewith would be known to or reviewed by Respondent, and 

therefore such materials and information have no relevance to any of the claims, issues or defenses

raised in the above-captioned action. Although the fact that Triares protects such materials and 

data as highly confidential, proprietary, and competitively sensitive business information and trade 

secrets may, itself, be relevant to the allegations in the Complaint, the underlying materials and 

data sought by the Subpoena are irrelevant and immaterial.

Although Triares recognizes that a protective order was entered in this action on March 14, 

2022, it is not clear that the federal court’s records storage systems are sufficiently secure to protect

Triares’ highly confidential, proprietary, and competitively sensitive business information and

trade secrets from unauthorized disclosure. It has been widely reported as recently as July 28, 

2022, that the U.S. Dept. of Justice continues to investigate a massive data breach of the U.S.

federal courts system that extends as far back as 2020. See Josh Gerstein, “Justice Department

Investigating Data Breach of Federal Court System.” Politico.com. July 28, 2022,

www.politico.com/news/2022/07/28/justice-department-data-breach-federal-court-system3
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 177 of 207 * PUBLIC *; 

00048485 Accessed August 15, 2022. The Administrative Office of the U.S. Courts (“AO”) 

published a statement on January 6, 2021 concerning the breach that read in relevant part:

The AO is working with the Department of Homeland Security on a 

security audit relating to vulnerabilities in the Judiciary’s Case 

Management/Electronic Case Files system (CM/ECF) that 

greatly risk compromising highly sensitive non-public

documents stored on CM/ECF, particularly sealed filings. An

apparent compromise of the confidentiality of the CM/ECF system 

due to these discovered vulnerabilities currently is under

investigation. Due to the nature of the attacks, the review of this 

matter and its impact is ongoing. (emphasis added).

See “Judiciary Addresses Cybersecurity Breach: Extra Safeguard to

Protect Sensitive Court Records.” USCourts.gov. January 6, 2021,

www.uscourts.gov/news/2021/01/06/judiciary-addressescybersecurity-breach-extra-safeguards-protect-sensitive-court

Accessed August 17, 2022. 

It is not yet clear that the ‘security audit’ has been completed or that the vulnerabilities identified

in the AO’s statement have been fully addressed or resolved. 

Given that Triares is a non-party to this action, the Subpoena seeks highly confidential, 

proprietary, and competitively sensitive business information and trade secrets which are not

relevant to the claims, issues or defenses raised in this action, and the burden of disclosure to

Triares, Triares further objects to the Request on the grounds that such proprietary information and

trade secrets may be at far greater risk of unauthorized disclosure if produced. Thus, Triares objects 

on the grounds that the injury that may result from disclosure far outweighs the need, if any exists, 

for the proprietary and competitively sensitive business information and trade secrets sought by

the Subpoena. 

Finally, Triares objects to this Request on the grounds that the burden of producing the

requested documents is disproportionate to, and outweighs the needs of, the case. See FTC. v.

Bowman, 149 F. Supp. 624, 629–30 (N.D. Ill.), aff'd, 248 F.2d 456 (7th Cir. 1957) (whether or not 

4
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 178 of 207 * PUBLIC *; 

requested information is or may be relevant to a pending proceeding, the imposition of a heavy

burden upon non-party should be avoided and is a ground for an order limiting the duty to produce).

Subject to and without waiving its Specific and General Objections to this Request, Triares

has produced responsive, non-privileged information within its possession, custody, or control and

located after a reasonably diligent search, to the extent that Triares comprehends the Request, and

subject to the Protective Order of March 14, 2022 and the following limitations: Triares withholds 

two (2) websites the title of which (but not the uniform resource locator (“URL”)) may have been

inadvertently referenced in a forum accessible to the public. Triares has not disclosed the URL,

title or related website information to Respondent, has no reason to believe Respondent is aware 

of such information and Triares classifies such information as highly confidential, proprietary, and 

competitively sensitive business information and trade secrets. See Documents marked

“CONFIDENTIAL – FTC Docket No. 9407” and numbered 0048 – 0096. 

REQUEST NO. 2:

To the extent that any Document identified and produce in response to Request for 

Production No. 1 was made available by You at an internet address, and the Uniform Resource 

Locator (URL) for that internet address is not included within the Document, Documents

sufficient to show the URL at which the Document is or was located.

SUPPLEMENTAL RESPONSE TO REQUEST NO. 2:

In addition to and in express reliance on the General Objections incorporated by reference

above, Triares, Inc. objects to this Request on the grounds that it is overly broad and unduly

burdensome. Moreover, Triares Inc. objects to this Request to the extent it seeks information that

is not relevant to any claim or defense of any party in this action, and/or not reasonably calculated 

to lead to the discovery of admissible evidence. 

Triares also objects to this Request to the extent it seeks information or documents that 

constitute, contain, or refer to trade secrets or other confidential business and commercial 

5
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 179 of 207 * PUBLIC *; 

information of Triares, including proprietary information or commercially and/or competitively

sensitive information. The FTC does not allege, nor is there any evidence to suggest, that Triares

communicated any service requests or made any of the alleged representations to any “Service 

Provider” of the Respondent during the relevant time period, or at any other time. Triares treats 

the documents and/or information sought in this Request as highly confidential, proprietary, and

competitively sensitive business information – a trade secret that Triares protects from both

competitors and the public at large, and Triares has not disclosed such information to the

Respondent. 

The Subpoena seeks Triares’ highly confidential, proprietary, and competitively sensitive 

business information and trade secrets despite the fact that Triares (a) protects such materials and

data from disclosure to any third party including, without limitation, the Respondent, and (b) has

never provided such materials or data to Respondent nor permitted Respondent to access such 

materials or data. Thus, neither the “web-page or other consumer-facing interface”, the content

thereon nor the URLs associated therewith would be known to or reviewed by Respondent, and 

therefore such materials and information have no relevance to any of the claims, issues or defenses

raised in the above-captioned action. Although the fact that Triares protects such materials and 

data as highly confidential, proprietary, and competitively sensitive business information and trade 

secrets may, itself, be relevant to the allegations in the Complaint, the underlying materials and 

data sought by the Subpoena are irrelevant and immaterial.

Although Triares recognizes that a protective order was entered in this action on March 14, 

2022, it is not clear that the federal court’s records storage systems are sufficiently secure to protect

Triares’ highly confidential, proprietary, and competitively sensitive business information and

trade secrets from unauthorized disclosure. It has been widely reported as recently as July 28, 

6
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 180 of 207 * PUBLIC *; 

2022, that the U.S. Dept. of Justice continues to investigate a massive data breach of the U.S.

federal courts system that extends as far back as 2020. See Josh Gerstein, “Justice Department

Investigating Data Breach of Federal Court System.” Politico.com. July 28, 2022,

www.politico.com/news/2022/07/28/justice-department-data-breach-federal-court-system00048485 Accessed August 15, 2022. The Administrative Office of the U.S. Courts (“AO”) 

published a statement on January 6, 2021 concerning the breach that read in relevant part:

The AO is working with the Department of Homeland Security on a 

security audit relating to vulnerabilities in the Judiciary’s Case 

Management/Electronic Case Files system (CM/ECF) that 

greatly risk compromising highly sensitive non-public

documents stored on CM/ECF, particularly sealed filings. An

apparent compromise of the confidentiality of the CM/ECF system 

due to these discovered vulnerabilities currently is under

investigation. Due to the nature of the attacks, the review of this 

matter and its impact is ongoing. (emphasis added).

See “Judiciary Addresses Cybersecurity Breach: Extra Safeguard to

Protect Sensitive Court Records.” USCourts.gov. January 6, 2021,

www.uscourts.gov/news/2021/01/06/judiciary-addressescybersecurity-breach-extra-safeguards-protect-sensitive-court

Accessed August 17, 2022. 

It is not yet clear that the ‘security audit’ has been completed or that the vulnerabilities identified

in the AO’s statement have been fully addressed or resolved. 

Given that Triares is a non-party to this action, the Subpoena seeks highly confidential,

proprietary, and competitively sensitive business information and trade secrets which are not

relevant to the claims, issues or defenses raised in this action, and the burden of disclosure to

Triares, Triares further objects to the Request on the grounds that such proprietary information and

trade secrets may be at far greater risk of unauthorized disclosure if produced. Thus, Triares objects 

on the grounds that the injury that may result from disclosure far outweighs the need, if any exists, 

7
 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 181 of 207 * PUBLIC *; 

for the proprietary and competitively sensitive business information and trade secrets sought by

the Subpoena. 

Triares objects to this Request on the grounds that the burden of producing the requested 

documents is disproportionate to, and outweighs the needs of, the case. See FTC. v. Bowman, 149 

F. Supp. 624, 629–30 (N.D. Ill.), aff'd, 248 F.2d 456 (7th Cir. 1957) (whether or not requested 

information is or may be relevant to a pending proceeding, the imposition of a heavy burden upon

non-party should be avoided and is a ground for an order limiting the duty to produce).

Finally, Triares further objects to this Request as unreasonably cumulative or duplicative 

to the extent the Request calls for the same information as Request No. 1. See also Response to

Request No. 1.

Subject to and without waiving its Specific and General Objections to this Request, Triares

has produced responsive, non-privileged information within its possession, custody, or control and

located after a reasonably diligent search, to the extent that Triares comprehends the Request, and

subject to the Protective Order of March 14, 2022 and the following limitations: Triares withholds 

two (2) websites the title of which (but not the uniform resource locator (“URL”)) may have been

inadvertently referenced in a forum accessible to the public. Triares has not disclosed the URL,

title or related website information to Respondent, has no reason to believe Respondent is aware 

of such information and Triares classifies such information as highly confidential, proprietary, and 

competitively sensitive business information and trade secrets. See Documents marked

“CONFIDENTIAL – FTC Docket No. 9407” and numbered 0048 – 0096. 

REQUEST NO. 3:

Documents sufficient to show all discrete categories of Consumer-Specific Information

(e.g. name, address, phone, e-mail address, specific home project needs) that You provide or have

provided to HomeAdvisor. 

8
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 182 of 207 * PUBLIC *; 

SUPPLEMENTAL RESPONSE TO REQUEST NO. 3:

In addition to and in express reliance on the General Objections incorporated by reference 

above, Triares, Inc. objects to this Request on the grounds that it is overly broad and unduly

burdensome. Triares objects to this Request on the grounds that it is not reasonably limited in time

or scope. See Andra Grp., LP v. JDA Software Grp., Inc., 312 F.R.D. 444, 450 (N.D. Tex. 2015)

(noting that a Court may find that a subpoena presents an undue burden when the subpoena is

facially overbroad).

Triares Inc. objects to this Request to the extent it seeks information that is not relevant to

any claim or defense of any party in this action, and/or not reasonably calculated to lead to the

discovery of admissible evidence. Triares also objects to this Request to the extent it seeks

documents and/or data that are the confidential and proprietary information of another third party

or the subject of non-disclosure agreements and/or confidentiality agreements with third parties. 

Triares objects to this Request to the extent that it seeks information outside of Triares’ possession, 

custody or control, and Triares objects to this Request to the extent that it seeks information that 

may be obtained from another source that is more convenient, less burdensome, and/or less 

expensive including, without limitation, the Respondent. The same information could be obtained 

without cost, expense or burden to Triares Inc. through a discovery request directed to the

Respondent in the above-captioned action. Finally, Triares objects to this Request on the grounds 

that the burden of producing the requested documents is disproportionate to, and outweighs the 

needs of, the case.

Subject to and without waiving its Specific and General Objections to this Request, Triares

has produced responsive, non-privileged information within its possession, custody, or control and

located after a reasonably diligent search, to the extent that Triares comprehends the Request, and

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 183 of 207 * PUBLIC *; 

subject to the Protective Order of March 14, 2022 and the following limitations: to the extent that

any discrete categories of data are transmitted by Triares to Respondent it does not necessarily

mean a transmission contains data for all categories at all times, and the categories of data

transmitted may differ for each transmission. See Documents marked “CONFIDENTIAL – FTC

Docket No. 9407” and numbered 0001 – 0047.

REQUEST NO. 4:

All Consumer-Specific Information You provided to HomeAdvisor in September 2020. 

SUPPLEMENTAL RESPONSE TO REQUEST NO. 4:

In addition to and in express reliance on the General Objections set forth above, Triares, 

Inc. objects to this Request on the grounds that it is overly broad and unduly burdensome.

Moreover, Triares Inc. objects to this Request to the extent it seeks information that is not relevant

to any claim or defense of any party in this action, and/or not reasonably calculated to lead to the 

discovery of admissible evidence. Triares also objects to this Request to the extent it seeks

documents and/or data that are the confidential and proprietary information of another third party

or the subject of non-disclosure agreements and/or confidentiality agreements with third parties. 

Triares objects to this Request to the extent that it seeks information that may be obtained from

another source that is more convenient, less burdensome, and/or less expensive including, without 

limitation, the Respondent. The same information could be obtained without cost, expense or

burden to Triares Inc. through a discovery request directed to the Respondent in the abovecaptioned action. See Echostar Commc'ns Corp. v. News Corp., 180 F.R.D. 391, 395 (D. Colo.

1998) (where the Court concluded the requesting party had not demonstrated a “substantial need”

because the materials sought from the non-party were as readily available from the other party to

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____________________________

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 184 of 207 * PUBLIC *; 

the action as they were from non-parties, and the requesting party “had not yet exhausted its efforts 

to seek production of such materials from” the other party).

Finally, Triares objects to this Request on the grounds that the burden of producing the

requested documents is disproportionate to, and outweighs the needs of, the case. 

Subject to and without waiving its Specific and General Objections to this Request, Triares

has produced responsive, non-privileged information within its possession, custody, or control and

located after a reasonably diligent search, to the extent that Triares comprehends the Request, and

subject to the Protective Order of March 14, 2022: See Documents marked “CONFIDENTIAL –

FTC Docket No. 9407” and numbered 0097-053892. 

ATTORNEY FOR TRIARES, INC. 

THE JACOBS LAW, LLC

By: /s/ Travis J. Jacobs, Esq.

Travis J. Jacobs, BBO# 671921

DATED: 8/26/2022 The Jacobs Law, LLC

36 Bromfield Street, Suite 502

Boston, Massachusetts 02108

800-652-4783 (P) / 888-613-1919 (F)

TJacobs@TheJacobsLaw.com

11
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 185 of 207 * PUBLIC *; 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 186 of 207 * PUBLIC *; 

Howe, Beth 

From: 

Sent: 

To: 

TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com> 

Wednesday, August 31, 2022 1:54 PM

Howe, Beth 

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc. 

Beth,

I have been very transparent and upfront – no double speak. And I will continue to do so. My objections are the same as

they’ve always been.

In my last email – not having the mountain of documents in front of me ‐ I said I “think” it was #3. I was mistaken. It is #2

– which refers to the ‘avenues’ / website URLs and related info that are one of the key issues I’ve raised since our first

discussion; and it is the topic number raised in the motion to stay/quash/limit.

I offered to proceed with the deposition yesterday (greater than 24 hours from the start time) when I proposed a

discussion to limit the scope of the deposition to exclude Triares’ trade secrets – but you replied twice and made no

reference to that proposal. I offered again earlier today at 11:30am but when we received no response by 3:16pm EST, it

was getting too late to coordinate and I could not keep my client (or my kids) in limbo as to what I will be doing

tomorrow. It is interesting, though, that I received a response within 40 minutes of my 3:16pm EST email but it was 4.5

hours before any response to the 11:30am EST email containing the offer to find a compromise to move forward

tomorrow.

Your email (356pm EST) seems to suggest that you wont even attempt written questions to lesson the burden on a

nonparty due to your own presumptions about timing and “your client’s reticence to provide information to date”. My

client just provided you all the documents we had agreed to – 56,000 pages of data. I’m not sure how that translates

into a ‘reticence to provide information’.

All other things aside, Triares produced what we agreed to produce in our discussions as a condition of you withdrawing

the deposition subpoena altogether – I know that for certain. I don’t know why you reneged on that, but I’m certain

there was a better way to have handled it than just suddenly doing so 2 days prior to the depo. And just to be clear ‐ we

did not refuse to attend the deposition tomorrow – we offered several times to discuss the limitations in scope of the

deposition so as to avoid disclosure of Triares’ trade secrets and you chose not to engage us on those concerns. Why

not?

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 187 of 207 * PUBLIC *; 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 31, 2022 3:56 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

At this point, with the deposition fewer than 24 hours away, we are not in a position to conduct last minute negotiations

to limit our duly‐noticed topics, especially where (i) the four topics stated are already very limited, and (ii) any objections

or requests for limitation should have been discussed in our prior conferrals or via written objections served within a

reasonable amount of time after service of the subpoena. To date, you have not articulated objections to any specific

topic in the deposition subpoena, nor does your latest correspondence explain why Topic 3 (consumer complaints

relating to your client’s provision of information to HomeAdvisor) presents such an existential risk to your client that

Complaint Counsel should agree to abandon it on the eve of deposition. Additionally, your client’s claims that the

deposition topics delve into the realm of their trade secrets should not be a bar to deposition on those topics where the

Protective Order in this case provides protection from dissemination of this information (even from the Respondent, see

para. 7) and restrictions for its use.

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 188 of 207 * PUBLIC *; 

Additionally, your suggested alternative that Complaint Counsel instead furnish written questions to your client and

negotiate for production of additional documents is not viable because, given the time constraints of this case and your

client’s reticence to provide information to date, we cannot be assured that this will be an equally effective method of

obtaining the needed discovery as a deposition under oath. We note that the close of discovery in this matter is Sept. 6

and that we do not have time to formulate interrogatories to your client, seek agreement as to their scope, receive

responses, and negotiate any necessary supplementation or amendment in the next six days over a holiday weekend.

Thank you for confirming by separate email that Triares is refusing to produce a deponent at tomorrow’s

deposition. We will proceed accordingly.

Sincerely,

Beth

M. Elizabeth Howe, Esq. 

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Wednesday, August 31, 2022 11:30 AM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: Re: [External] Discussion; FTC Subpoenas to Triares, Inc.

Unfortunately some things arent intuitive. I read the external filing manual ‐ it required D09407.

We are still open to a discussion limiting the deposition. As it currently reads, topic 3 I believe in the subpoena puts my

(small) client in an impossible position ‐ one that risks the loss of livelihood for their families. That is an existential

concern for them.

Will you agree to limit the deposition by excluding that topic and trade secret information?

Alternatively, as I have explained previously (given the duration of time and the specifics you seem interested in), I

suspect you would get better information thru documents and written responses. Would you be willing to agree to

submit written questions that my client can respond to and supplement with documents if necessary?

Warmest regards, 

Travis J. Jacobs, Esq. 

THE JACOBS LAW LLC 

36 Bromfield Street, Suite 502

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

Twitter: @THEJACOBSLAW 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 189 of 207 * PUBLIC *; 

Facbook: m.facebook.com/TheJacobsLaw

CONFIDENTIALITY NOTICE: This e-mail message and any documents accompanying this e-mail 

transmission contain information from The Jacobs Law LLC which is privileged and confidential attorney-client 

communication and/or work product of counsel. If you are not the intended recipient, you are hereby notified 

that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance 

on the contents of this e-mail information is strictly prohibited and may result in legal action being instituted 

against you. Please reply to the sender advising of the error in transmission and delete the message and any 

accompanying documents from your system immediately. Thank you. 

IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal 

Revenue Service, we inform you that any federal tax advice contained in this communication (including any 

attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) 

avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or 

recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law 

advice. In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you 

must immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such 

tax or tax law advice, and take no action in reliance on any such tax or tax law advice. The substance of this 

email shall not constitute a binding offer or acceptance of settlement. Any offer to settle or acceptance of an 

offer to settle is conditioned on a fully executed settlement agreement mutually agreed to by the interested 

parties. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 31, 2022 2:07:55 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

We are in receipt of your motion. We have found that the e‐filing system sometimes requires a zero in front of the

docket number to enable submission (i.e., 09407).

With the service of this motion, can you please confirm that your client will not be appearing at all at tomorrow’s

scheduled deposition?

Sincerely,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Wednesday, August 31, 2022 10:35 AM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

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jAco s LAW.L. 

R 11 ."i I ~ I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 190 of 207 * PUBLIC *; 

Ms. Howe,

As we repeatedly stated we would be filing the motion to quash any costs you incur in arranging the deposition for

tomorrow are at your own risk.

We have served you with an Emergency Petition to Stay the Deposition and to Quash or Limit Deposition. The e‐file

system is not recognizing the docket number of 9407. Additional copies attached.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 191 of 207 * PUBLIC *; 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 31, 2022 1:32 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

Below please find the Zoom and AgileLaw logon information for tomorrow’s scheduled deposition of Triares, Inc.,

beginning at 9:00am Pacific.

Sincerely,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

For The Record, Inc. is inviting you to a scheduled Zoom meeting. 

Topic: Deposition of Triares, Inc. 

Time: Sep 1, 2022 09:00 AM Pacific Time 

Join Zoom Meeting 

https://us06web.zoom.us/j/88335227132 

Meeting ID: 883 3522 7132 

Passcode: 829516 

One tap mobile 

+13017158592,,88335227132#,,,,*829516# US (Washington DC) 

+13092053325,,88335227132#,,,,*829516# US 

Dial by your location

 +1 301 715 8592 US (Washington DC)

 +1 309 205 3325 US

 +1 312 626 6799 US (Chicago)

 +1 646 558 8656 US (New York)

 +1 646 931 3860 US

 +1 386 347 5053 US

 +1 564 217 2000 US

 +1 669 444 9171 US 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 192 of 207 * PUBLIC *; 

 +1 719 359 4580 US

 +1 720 707 2699 US (Denver)

 +1 253 215 8782 US (Tacoma)

 +1 346 248 7799 US (Houston) 

Meeting ID: 883 3522 7132 

Passcode: 829516 

Find your local number: https://us06web.zoom.us/u/kcXxUQPkXz 

Join by SIP 

88335227132@zoomcrc.com 

Join by H.323 

162.255.37.11 (US West) 

162.255.36.11 (US East) 

Meeting ID: 883 3522 7132 

Passcode: 829516 

IMPORTANT NOTE TO COUNSEL: Please review the list of invitees to 

ensure all but only appropriate recipients are included (To: emails). Also, 

please monitor the Zoom participant list throughout the day. 

Join an AgileLaw event.

Please go to https://www.agilelaw.com/ and click “Join” in the top right of your

screen.

Your PIN for this event is:	

 You will need to access the event by way of the Zoom invite and the 

AgileLaw invite using a split-screen approach on one device; one device 

with two monitors; or two devices, including tablets. 

 You will not have access to the deposition until the host lets you in. The 

access code will not allow you to preview exhibits. If you join too early, you 

will be dismissed and have to join again. 

 Google Chrome is the preferred web browser when using AgileLaw. 

 To check your AgileLaw compatibility ahead of the event, go to 

https://login.agilelaw.com/site/supportcheck 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 193 of 207 * PUBLIC *; 

From: Howe, Beth

Sent: Tuesday, August 30, 2022 1:10 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

Attached please find a copy of the subpoena package as issued on June 28, 2022; I direct you to the certification on p. 5

of Attachment A to the Subpoena Duces Tecum (p. 6 of the .pdf).

We disagree with your recitation of events and, as previously indicated, will proceed with the deposition as scheduled

on Sept. 1 independent of whether your client elects to submit the outstanding certification we previously

requested. We will forward the information necessary for your client to appear.

Sincerely,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Tuesday, August 30, 2022 12:02 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Ms. Howe,

First, as you know – we never raised any issue with any certification. I do not see any other certification in the packet.

And you only referred to “the” certification (not multiple certifications). If there’s another certification, please send it to

me via email and I will review it. If you receive this additional certification signed by a representative of my client is that

sufficient to avoid a deposition?

Second, the 9/1 date was always conditioned on a reservation of rights (stated clearly in multiple emails). I was very

transparent and explicit that we intended to file a motion to quash if you chose to proceed with the deposition. You

entered into the arrangement, received the documents, and confirmed receipt with the knowledge that if you chose to

proceed with the deposition we would file the motion to quash and at no time did you object to that or raise a

timeliness issue. Nevertheless, my client’s willingness to work with you on the responses cannot be used as a tool to

bully my client into a deposition we fully expected you would take off the docket when you received the supplemented

responses you wanted – because that is the message that was being conveyed to us, perhaps not directly, but certainly

indirectly.

I note that you have declined to discuss the conditions under which we would agree to proceed with the deposition.

Warmest Regards, 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 194 of 207 * PUBLIC *; 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Tuesday, August 30, 2022 2:33 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

9
                                         

                                  

                                   

       

                                       

                                        

                         

            

             

     

                 

       

               

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 195 of 207 * PUBLIC *; 

The certification I referred to in my 8/29 email is the separate certification found on page 5 of the subpoena (the

attachment you forwarded is the records custodian certification found on p. 6). We specifically requested that your

client execute both certifications as a condition of consideration of your request to cancel the deposition, and received

only the records custodian certification.

With respect to your proposed motion, we will review whatever your client chooses to file, but again note that we

consider such a filing to be untimely. At this point Complaint Counsel expects your client’s appearance at a duly noted

deposition, and we will prepare to go forward on Sept. 1 as previously agreed.

Sincerely,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Tuesday, August 30, 2022 11:13 AM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: Re: [External] Discussion; FTC Subpoenas to Triares, Inc.

Ms. Howe 

Making statements in an email does not make them true. Much of what you wrote is a mischaracterization, and I 

feel very misled – lesson learned. 

We will be filing the motion to quash and/or limit the deposition. If you would like to discuss conditions under 

which we would agree to proceed with the deposition, please let me know by 3pm today – since time is of the 

essence. 

Also, much like the statements in the email, the certification that accompanied the subpoena was, in fact, 

provided to you. You acknowledged receipt of it in your email (screenshot attached and your email is in this 

chain). Despite that, you continue to allege that it was not provided. A copy of that certificate is attached again. 

10
 

 

 

~UbJect: Kl:: ll:xternallJ UISCUS.S!On; I-IC Subpoenas to ~ ' me. 

I can confirm receipt and download of the following: 

• 0048-0050. pdf 

•· 0051-0057.pdf 

•· 0058-0065. pdf 

•· 0066-0072. pdf 

• 0073-0079. pdf 

•· 0080-0087. pdf 

•· 0088-0094. pdf 

•· 0095-0096. pdf 

•· 000097-02604-1.pdf 

•· 02:6042-053892.pdf 

•· KOR Certifiicate 8-26-2022.pdf 

•· ~ - FTC Final Draft - Supp Response to Subpoena 8-26-2022.pdf 

Please advise whether anything is missing from that list that we should haiVe received. We will revii ew and revert as soo 

Sincerely, 

Beth 

M. Elizabeth Howe, Esq. 

Federal Trade Commission I Northwest Region 

206.220.44 7'6 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 196 of 207 * PUBLIC *; 

Warmest regards, 

Travis J. Jacobs, Esq. 

THE JACOBS LAW LLC 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

Twitter: @THEJACOBSLAW 

Facbook: m.facebook.com/TheJacobsLaw 

CONFIDENTIALITY NOTICE: This e-mail message and any documents accompanying this e-mail 

transmission contain information from The Jacobs Law LLC which is privileged and confidential 

attorney-client communication and/or work product of counsel. If you are not the intended recipient, 

you are hereby notified that any disclosure, copying, distribution and/or the taking of or refraining from 

taking of any action in reliance on the contents of this e-mail information is strictly prohibited and may 

result in legal action being instituted against you. Please reply to the sender advising of the error in 

11
     

             

         

                 

       

                

 

   

  

                            

                                     

                                     

                                 

                               

                                

                              

                                

                               

                                

                                   

                                 

                                       

                                     

  

                       

                                       

                                   

                                     

                                         

                                   

   

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 197 of 207 * PUBLIC *; 

transmission and delete the message and any accompanying documents from your system 

immediately. Thank you. 

IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the 

U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this 

communication (including any attachments) is not intended or written to be used, and cannot be used, 

by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue 

Code, or (2) promoting, marketing or recommending to another party any tax-related matters 

addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law 

advice. Please be advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified 

to render tax or tax law advice. In the event you receive any tax or tax law advice from an attorney or 

staff of The Jacobs Law LLC you must immediately notify the Managing Partner 

at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no 

action in reliance on any such tax or tax law advice. The substance of this email shall not constitute a 

binding offer or acceptance of settlement. Any offer to settle or acceptance of an offer to settle is 

conditioned on a fully executed settlement agreement mutually agreed to by the interested parties. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, August 29, 2022 8:02:27 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

Your email below misstates our conferrals and Complaint Counsel’s current position. Complaint Counsel cooperated

with you to set your client’s deposition for August 26, 2022, and Complaint Counsel’s position that the deposition was

necessary for the needs of the case never wavered. You conveyed to Complaint Counsel that you believed your client’s

document production in response to the Subpoena Duces Tecum would obviate the need for a deposition, which

Complaint Counsel agreed to consider this as a possibility, expressly subject to review of your client’s forthcoming

production. After repeated delays, on August 18, 2022, Triares, Inc. produced two documents to Complaint Counsel

along with extensive objections conveying the company’s refusal to produce further materials. Following this response,

Complaint Counsel informed you that the deposition would proceed on August 26. You then contacted Complaint

Counsel to make arrangements for a supplemental production, again asking for Complaint Counsel to consider the

forthcoming production in conjunction with a request to cancel your client’s deposition. Complaint Counsel once again

agreed to review your client’s production for this purpose but explicitly did not agree that the proposed production

would necessarily result in cancellation of the deposition. At your request, Complaint Counsel cooperated with you to

reschedule the deposition for Sept. 1, 2022 specifically to allow your client the time to supplement its production and to

keep the deposition on the calendar if your client’s proposed production did not provide a reason to forego the

deposition.

Complaint Counsel has now reviewed your supplemental production and the accompanying supplemental written

responses and found, inter alia, that (i) documents and data produced to date do not speak for themselves, and do not

obviate the need for your client’s testimony regarding these materials; (ii) your client has not provided the certification

included with the document subpoena (see Subpoena Duces Tecum, p. 5), which we had discussed would be required in

order to consider cancelling the deposition; and (iii) the documents and data your client has provided are not in the form

described during our conferrals, when you conveyed your client’s request to postpone the deposition in favor of a

supplemental production.

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R 11 .'i I ~ I .S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 198 of 207 * PUBLIC *; 

To date, your client has not provided so much as an objection to the deposition subpoena setting forth any basis why

your client should not appear. We will review any motion your client should file, though we note that we do not see

how such a motion could be timely (see 16 C.F.R. §3.34(c)). We will otherwise be prepared to move forward with the

deposition on Thursday, and will forward the necessary conference and court reporter information. It would be helpful,

regardless of your planned motion practice, if your client could confirm whether it will stipulate to the court reporter

administering the oath remotely should the deposition go forward.

Sincerely,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Monday, August 29, 2022 2:22 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Beth,

I don’t feel you’ve acted in good faith here. First the issue was that our client had not provided enough of what you

asked for. Then we produce what you asked for on your representation that if we produced what you asked for, you

would consider taking the deposition off. Now your position is that we’ve produced too much and the deposition must

go forward?

We will move to quash.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 199 of 207 * PUBLIC *; 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Monday, August 29, 2022 5:10 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>;

Barach, Kate <kbarach@ftc.gov>; Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

We have reviewed your client’s supplemental document production. Based on what your client has produced and

Triares’ role in providing the leads underlying the HomeAdvisor representations at issue in our case, we have

determined that the deposition will need to go forward on Sept. 1 as planned.

As discussed, please advise whether your client will stipulate to the court reporter administering the oath remotely.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Monday, August 29, 2022 8:47 AM

To: Howe, Beth <mhowe@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

14
  

            

      

  

 

  

        

             

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 200 of 207 * PUBLIC *; 

Looks like you’ve downloaded them all.

Let me know.

Thanks.

Warmest Regards, 

Travis J. Jacobs, Esq. 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Friday, August 26, 2022 7:03 PM

15
         

                 

         

                 

  

   

  

                 

   

                   

  

                                          

         

  

  

  

            

             

     

                 

         

                 

  

  

                                  

  

       

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 201 of 207 * PUBLIC *; 

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

I can confirm receipt and download of the following:

 0048‐0050.pdf

 0051‐0057.pdf

 0058‐0065.pdf

 0066‐0072.pdf

 0073‐0079.pdf

 0080‐0087.pdf

 0088‐0094.pdf

 0095‐0096.pdf

 000097‐026041.pdf

 026042‐053892.pdf

 KOR Certificate 8‐26‐2022.pdf

 Triares – FTC Final Draft – Supp Response to Subpoena 8‐26‐2022.pdf

Please advise whether anything is missing from that list that we should have received. We will review and revert as soon

as possible regarding the deposition.

Sincerely,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Thursday, August 25, 2022 1:59 PM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Beth,

9/1/2022 at 12pm EST is fine – that is one of the dates / times we proposed.

Compiling the documents now.

Warmest Regards, 

Travis J. Jacobs, Esq. 

16
 

  

        

           

         

                 

         

                 

  

   

  

                                       

                                    

R 11 ."i I :"ii. I S !'I I I I I" I I i \ I" I 11 ~ 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 202 of 207 * PUBLIC *; 

36 Bromfield Street, Suite 502 

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

FOLLOW TJL ONLINE 

Confidentiality Notice: This e-mail message and any documents accompanying this e-mail transmission contain information 

from The Jacobs Law LLC which is privileged and confidential attorney-client communication and/or work product of 

counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the 

taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and 

may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and 

delete the message and any accompanying documents from your system immediately. Thank you. 

IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, 

we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or 

written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. 

Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed 

herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or other staff provide tax or tax law advice. Please be advised 

that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law advice. In the event you 

receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you must immediately notify the Managing 

Partner at notify@thejacobslaw.com, immediately disregard any such tax or tax law advice, and take no action in reliance on 

any such tax or tax law advice. The substance of this email shall not constitute a binding offer or acceptance of settlement. The 

Jacobs Law LLC, and any attorney or staff at The Jacobs Law LLC, is NOT authorized to bind any client to any agreement. 

Any and all proposals or offers to settle and/or acceptance of a proposal or offer to settle by any client of The Jacobs Law 

LLC is strictly conditioned on a mutually agreeable written settlement agreement negotiated with the advice of legal counsel 

and signed and dated by all the interested parties. Do not send confidential documents including, but not limited to, medical 

records and social security or Tax ID numbers (or documents with social security or Tax ID numbers) to this email address. 

Our staff will provide a secure method for transferring such documents and information upon written request. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 24, 2022 4:43 PM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

As we discussed, please confirm your client’s available date(s) for deposition next week as soon as possible, as we will

also need to confirm the proposed alternat date with HomeAdvisor’s counsel. If we do not have confirmation of an

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 203 of 207 * PUBLIC *; 

alternate date on all sides by COB tomorrow, we will need to move forward with the deposition as previously scheduled

on Friday. We look forward to the documents and information your client plans to produce.

Separately, as I mentioned, please advise whether your client will stipulate that the remote professional reporter may

administer the oath at the deposition.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Wednesday, August 24, 2022 4:51 AM

To: Howe, Beth <mhowe@ftc.gov>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: Re: [External] Discussion; FTC Subpoenas to Triares, Inc.

Atty. Howe,

We appreciate the extensions and your cooperation and consideration of our concerns.

We also understand your position, and we also reserve our right to move to quash or otherwise limit the non‐party

deposition and/or documents subpoena if we are unable to come to a mutually agreeable arrangement. We have made

significant progress to date and I am confident we will be able to compromise on the outstanding concerns.

I am available at or after 4pm EST which seems to be 1pm PST. Can you do any time after 1pm PST?

Warmest regards, 

Travis J. Jacobs, Esq. 

THE JACOBS LAW LLC 

36 Bromfield Street, Suite 502

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

Twitter: @THEJACOBSLAW 

Facbook: m.facebook.com/TheJacobsLaw

CONFIDENTIALITY NOTICE: This e-mail message and any documents accompanying this e-mail 

transmission contain information from The Jacobs Law LLC which is privileged and confidential attorney-client 

communication and/or work product of counsel. If you are not the intended recipient, you are hereby notified 

that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance 

on the contents of this e-mail information is strictly prohibited and may result in legal action being instituted 

against you. Please reply to the sender advising of the error in transmission and delete the message and any 

accompanying documents from your system immediately. Thank you. 

18
     

           

         

                 

         

                  

  

   

  

                                                  

                 

  

                                 

                                      

                                     

                       

  

                                   

                                     

                                        

                                     

                                      

             

  

  

  

  

            

             

     

               

  

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 204 of 207 * PUBLIC *; 

IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal 

Revenue Service, we inform you that any federal tax advice contained in this communication (including any 

attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) 

avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or 

recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise. 

DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law 

advice. In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you 

must immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such 

tax or tax law advice, and take no action in reliance on any such tax or tax law advice. The substance of this 

email shall not constitute a binding offer or acceptance of settlement. Any offer to settle or acceptance of an 

offer to settle is conditioned on a fully executed settlement agreement mutually agreed to by the interested 

parties. 

From: Howe, Beth <mhowe@ftc.gov>

Sent: Wednesday, August 24, 2022 1:47:50 AM

To: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Cc: MacDonald, Colin <cmacdonald@ftc.gov>; Roos, Breena <broos@ftc.gov>; Barach, Kate <kbarach@ftc.gov>;

Halpern‐Meekin, Ben <bhalpernmeekin@ftc.gov>; Calderon, Sophie <scalderon@ftc.gov>

Subject: RE: [External] Discussion; FTC Subpoenas to Triares, Inc.

Dear Travis,

I can speak at 8:30am Pacific with a hard stop at 9:00, or 10:30 Pacific, again with a hard stop at 11:00. Let me know

what time works and I will send a zoom.

As we discussed, an additional production does not guarantee that Complaint Counsel will consent to forego your

client’s deposition; we will have to review what your client ultimately produces to make that determination. Also, as I

have noted previously, we will not take Triares’ deposition fully off the calendar until we have reviewed such a

production so as to lose our opportunity to take the deposition.

Given that our Scheduling Order requires us to produce any additional production from Triares to HomeAdvisor at least

three Business Days prior to the deposition, and this would no longer be possible for Friday’s scheduled deposition, your

client is effectively asking to postpone the deposition. As I told you yesterday, you will need to confirm your client’s

deposition availability for a date next week in order for us to consider pushing Friday’s deposition to accommodate the

proposed production. Please advise on that date as soon as possible, as we will need to confirm the date with

HomeAdvisor before we push the current date.

Best,

Beth

M. Elizabeth Howe, Esq.

Federal Trade Commission | Northwest Region

206.220.4476 

mhowe@ftc.gov 

From: TRAVIS J. JACOBS, ESQ. <tjacobs@thejacobslaw.com>

Sent: Tuesday, August 23, 2022 7:07 PM

To: Howe, Beth <mhowe@ftc.gov>

Subject: Re: Discussion; FTC Subpoenas to Triares, Inc.

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 205 of 207 * PUBLIC *; 

Beth

I spoke with my client and I would like to discuss the conditions under which we can send you data from 9/2020 that

includes all the questions asked on all sites for all services during that time related to leads generated for HomeAdvisor.

When is the earliest youre available to discuss tomorrow 8/24?

Warmest regards, 

Travis J. Jacobs, Esq. 

THE JACOBS LAW LLC 

36 Bromfield Street, Suite 502

Boston, Massachusetts 02108 

800.652.4783 (P) / 888.613.1919 (F) 

TJacobs@TheJacobsLaw.com 

www.TheJacobsLaw.com 

www.WeKnowBusiness.legal 

Twitter: @THEJACOBSLAW 

Facbook: m.facebook.com/TheJacobsLaw

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DISCLAIMERS: The Jacobs Law LLC nor any of its attorneys or staff provide tax or tax law advice. Please be 

advised that no attorney or staff of The Jacobs Law LLC is authorized or qualified to render tax or tax law 

advice. In the event you receive any tax or tax law advice from an attorney or staff of The Jacobs Law LLC you 

must immediately notify the Managing Partner at notify@thejacobslaw.com, immediately disregard any such 

tax or tax law advice, and take no action in reliance on any such tax or tax law advice. The substance of this 

email shall not constitute a binding offer or acceptance of settlement. Any offer to settle or acceptance of an 

offer to settle is conditioned on a fully executed settlement agreement mutually agreed to by the interested 

parties. 

From: TRAVIS J. JACOBS, ESQ.

Sent: Monday, August 22, 2022 12:10:55 PM

To: Howe, Beth <mhowe@ftc.gov>

Subject: Accepted: Discussion; FTC Subpoenas to Triares, Inc.

When: Monday, August 22, 2022 4:00 PM‐4:30 PM.

Where: https://ftc.zoomgov.com/j/1610349940?pwd=NkwzSExEdGppbC9QdHl5bTV3TS9SQT09

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | Document No. 605576 | PAGE Page 206 of 207 * PUBLIC *; 

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