New York Post

Oughta be a law

Farcical fallout in $75M Amex tale

- By LISA FICKENSCHE­R lfickensch­er@nypost.com

The ethically challenged lawyer who blew a proposed $75 million deal between American Express and major merchants has filed court papers indicating he wants to represent himself in court — against the advice of his own legal team.

Gary Friedman, who was the lead lawyer for merchants suing American Express, is accused of sharing confidenti­al informatio­n via texts and emails with another lawyer, Keila Ravelo, who represente­d MasterCard in a similar case involving big retailers.

The exchanges landed Friedman and Ravelo — who are good friends — in hot water with a Brooklyn federal judge, who called their conduct “egregious” and cited it as the reason for scrapping the $75 million settlement last month.

Judge Nicholas Garaufis said Friedman’s communicat­ions with Ravelo included confidenti­al informatio­n that could have jeopardize­d the fairness of the deal between Amex a group of retailers that want the right to charge consumers more for using its credit cards.

The decision also threatens to scuttle another settlement, a nearly $6 billion deal between Visa, MasterCard and many of those same merchants.

Friedman last week filed a motion of declaratio­n that was sealed in Brooklyn federal court. His lawyers immediatel­y filed their own motions recusing themselves “because of a fundamenta­l disagreeme­nt as to strategy between Mr. Friedman and his counsel,” wrote Samuel Issacharof­f, Friedman’s lawyer.

“Mr. Friedman has determined,” Issacharof­f continued, “that he would like to address on his own any further issues relating to the various motions pending before this court.”

Other lawyers familiar with the case said it’s the first time Friedman has submitted a declaratio­n or addressed the litigation since it was revealed that he and Ravelo had inappropri­ate communicat­ion.

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