All Attendees Welcome

Taking Antisemitism and Hate to Court

Featuring Justin Herdman, Letitia James, Alyza Lewin, James Pasch

Mar 7, 8:30am-9:30am ET CLE
In a world grappling with social and cultural divisions, the legal system has become a battleground for addressing antisemitism, hate speech, discrimination and intolerance. This panel brings together legal experts to delve into the complexities, challenges and ethical considerations of tackling hate in courtrooms and with Title complaints. Attendees will gain a deeper understanding of the legal complexities surrounding antisemitism, hate speech and crimes, the challenges faced in pursuing such cases, and the potential pathways toward a more inclusive and just society. Breakout session generously sponsored by Lieff Cabraser Heimann & Bernstein, LLP. CLE Session Materials

Speakers

Justin Herdman

Partner, Jones Day

Justin Herdman, a former United States Attorney, is a trial lawyer who represents businesses and individuals involved in high-stakes government investigations, criminal litigation, and civil actions. Justin’s practice is focused on obtaining favorable results in matters arising from alleged violations of state and federal laws, including fraud, the Foreign Corrupt Practices Act (FCPA), and the False Claims Act (FCA). He has successfully tried numerous cases in state and federal courts throughout his two decades in public service and private practice.

Prior to rejoining Jones Day in 2021, Justin served as the chief federal law enforcement officer for the Northern District of Ohio. Justin was nationally recognized for his effort in developing strategic responses to controlled substances, terrorism, and violent crime. While U.S. Attorney, Justin served as vice chair of the Attorney General’s Advisory Committee (AGAC), where he provided national-level guidance on the management and operations of the Justice Department. Justin was also named co- chair of the Attorney General’s Prescription Interdiction and Litigation Task Force and was chair of AGAC’s Terrorism and National Security Subcommittee.

Justin also maintains an active pro bono practice. In 2022, his trial work with the Ohio Innocence Project led to the acquittal of a wrongfully convicted man who had spent 15 years in state prison.

Justin previously served as an Assistant U.S. Attorney prosecuting national security offenses, including terrorism, money laundering, and export control violations. He is a former assistant district attorney in New York City and currently serves as a judge advocate in the U.S. Air Force Reserve.

Letitia James

New York State Attorney General

Letitia “Tish” James is the 67th Attorney General for the state of New York. With decades of experience and a long record of achievements, she is a powerful, effective attorney and lifelong public servant. When she was elected in 2018, she became the first woman of color to hold statewide office in New York and the first woman to be elected Attorney General.

In her first term, Attorney General James focused on protecting vulnerable New York residents and ensuring that individuals or companies that broke state laws were held accountable. She secured more than $7.5 billion for New York from those who broke state laws and took advantage of New Yorkers, including more than $2.5 billion from opioid manufacturers and distributors for their roles in the opioid epidemic. Under her leadership, the Office of the New York State Attorney General helped remove more than 4,000 guns from New York communities, took down dozens of dangerous drug and gun trafficking rings throughout the state, and took legal action to stop the proliferation of ghost guns.

Attorney General James took on predatory landlords who harassed tenants and endangered children by violating New York’s lead paint laws. She protected New Yorkers’ health and the state’s natural resources by going after polluters and companies that flouted environmental protection laws. Attorney General James stood up for vulnerable populations by going all the way to the U.S. Supreme Court to stop a question about citizenship from being added to the census and successfully protecting DACA.

She has been a national leader in the fight to defend access to reproductive health care, leading dozens of legal actions across the country to protect and expand access to this lifesaving care. Attorney General James also stood up against corruption and took strong action against officials who broke New York laws or workplace protection measure, regardless of their status or political affiliation.

Alyza Lewin

President of the Louis D. Brandeis Center for Human Rights Under Law

Alyza D. Lewin is the President of the Louis D. Brandeis Center for Human Rights Under Law (“LDB”), a non-profit organization established to advance the civil and human rights of the Jewish people and promote justice for all. The Brandeis Center conducts research, education and legal advocacy to combat the resurgence of anti- Semitism on college and university campuses. It empowers students by training them to understand their legal rights, and educates administrators on best practices to combat racism and anti-Semitism on campus. Ms. Lewin is also a co-founder and partner in Lewin & Lewin, LLP where she has specialized in litigation, mediation and government relations. Her experience includes criminal defense, civil litigation and anti-discrimination matters.

Ms. Lewin led the litigation team that represented Avi Zinger, the Israeli licensee of Ben & Jerry’s ice cream, in the lawsuit that Mr. Zinger filed against Unilever to prevent Ben & Jerry’s boycott of Israel. Ms. Lewin negotiated a successful resolution to that matter pursuant to which Avi Zinger obtained the right in perpetuity to sell Ben & Jerry’s ice cream everywhere in Israel and the territories using the Hebrew and Arabic logos.

In 2014, Lewin argued Zivotofsky v. Kerry (the “Jerusalem Passport” case) before the U.S. Supreme Court, a case involving the constitutionality of a law granting American citizens born in Jerusalem the right to list “Israel” as the place of birth on their U.S. passports. In Zivotofsky, the Supreme Court held that the President of the United States has the exclusive authority to recognize foreign sovereigns. The case paved the way for President Trump’s recognition of Jerusalem as the capital of Israel, and recognition of Israel’s sovereignty over the Golan Heights. After 18 years, Ms. Lewin brought this pro- bono case to a successful resolution in October 2020, when Secretary of State Pompeo revised the US passport regulations and Ambassador David Friedman presented her client with the very first US passport to list “Israel” as place of birth for a US citizen born in Jerusalem.

Ms. Lewin, together with her father Nathan Lewin, also successfully represented the Boim family in its landmark civil tort litigation which established the right of American victims of terror to obtain damages under American law against organizations that knowingly provide financial support to international terrorist groups.

Ms. Lewin began her law career in Israel where she clerked on the Supreme Court for Deputy President Justice Menachem Elon. Ms. Lewin served as President of the American Association of Jewish Lawyers and Jurists (“AAJLJ”) from 2012 – 2017. In January 2020, Ms. Lewin was awarded the AAJLJ’s distinguished Pursuit of Justice Award. In December 2022, Alyza was named by the Algemeiner to their J100 – as one of the “Top 100 people positively influencing Jewish Life.”

Ms. Lewin received her B.A. from Princeton University and a J.D. from New York University School of Law. Ms. Lewin has also been trained as a mediator by the American Arbitration Association and the Center for Dispute Settlement.

James Pasch

Senior Director of National Litigation, ADL

James Pasch is the ADL’s Senior Director of National Litigation, after serving four years as ADL’s Cleveland Regional Director (serving Ohio, Kentucky, West Virginia and Western Pennsylvania). Building on the path-breaking litigation that ADL has helped to bring in federal court for the District of Columbia against the Proud Boys and Oath Keepers for the role they played in the January 6 insurrection, James is leading a legal advocacy practice for ADL during a particularly important time, as antisemitism and extremism become more mainstreamed, normalized and amplified both online and off.

In his new position, James is building a strategy of legal advocacy to combat antisemitism and other forms of hate, regardless of their political or ideological source. Notably, in November 2023, he oversaw the launch of CALL (Campus Antisemitism Legal Line), a free hotline, providing legal assistance for anyone experiencing antisemitism on college campuses. The project has already led to several potential new avenues of litigation for ADL. In conjunction with Brandeis, James led ADL in filing a complaint against the Santa Ana Unified School District for establishing a biased Ethnic Studies curriculum.

In his time leading the ADL Cleveland Office, James launched a pro-bono legal assistance program to assist victims of hate crimes in Ohio and, under his leadership, ADL’s No Place for Hate education programming has grown over 200 percent regionwide. He also drove the region’s response in the aftermath of the Tree of Life synagogue attack in Pittsburgh, the deadliest terror attack on Jews in U.S. history. James Pasch graduated from University of Vermont and earned his law degree at Case Western Reserve University School of Law. Prior to entering the legal profession, James worked on Capitol Hill, first for Senator Frank Lautenberg and then as a law clerk on the Senate Judiciary Committee. He then built a thriving small firm litigation practice in Cleveland. James served as the Case Western Reserve Law School’s Assistant Dean of Development and External Affairs during the Law School’s Capital Campaign. James has also served two-terms as a Councilman in Beachwood, where he led the City’s passage of its anti-discrimination ordinance.