Washington, D.C. (July 22, 2022) – The Louis D. Brandeis Center for Human Rights Under Law has appointed Vice Chair L. Rachel Lerman to serve as the organization’s general counsel. Lerman will assume a set of additional responsibilities in her new role, including offering legal guidance on matters affecting the Brandeis Center as an organization. She will continue working directly on many of the nonprofit’s highest-profile cases. “We are delighted to have Rachel in this role as the Brandeis Center expands to address increased anti-Semitism in the United States,” remarked Brandeis Center Founder and Chairman Kenneth L. Marcus. “With the continued growth of our civil rights organization, we will rely on Rachel’s expertise to inform case work and represent the Brandeis Center in litigation.” “It is exciting to reach this moment in our organization’s history, where our growth and sophistication requires a dedicated General Counsel,” said Brandeis Center President Alyza D. Lewin. “We are thrilled Rachel has accepted this role. As a Chambers ranked appellate lawyer, long-time member of the Brandeis Center’s Board of Directors, and Senior Counsel at the Brandeis Center this past year, there is no one better suited to advise us in this capacity. We are in excellent hands with Rachel as our GC.” Lerman, an appellate litigator with more than 25 years’ experience, joined the Brandeis Center in July 2021 as senior counsel after serving as the organization’s Vice Chair for many years. Previously, she was a partner at Akin Gump LLP and then Barnes & Thornburg LLP, where she co-chaired the national appellate practice group. She is a member of the California Academy of Appellate Lawyers and has done pro bono work on behalf of refugees and non-profit organizations for more than 20 years. “I look forward to this opportunity to take my work with the Brandeis Center a step further and help the organization sustain its impact and growth,” said Lerman. “I am honored to have been selected for this role.” The Brandeis Center continues to add additional staff to address increasing anti-Semitism across the United States. The organization’s most recent survey revealed historic challenges faced by openly Jewish college students, demonstrating that two-thirds of Jewish fraternity and sorority members feel unsafe on campus. Continuing its ongoing expansion, the Brandeis Center is currently seeking to hire several junior litigators, a senior employment counsel role, and a public policy director. The group is also accepting submissions for law clerks, law fellows, and undergraduate internships for the 2022-23 academic year.
Published by Mike Wagenheim for Jewish News Syndicate on July 20, 2022 . A wide swath of Jewish and pro-Israel organizations sent a letter to Morningstar executive chairman Joseph Mansueto and CEO Kunal Kapoor last week, urging the Chicago-based financial-services company to implement steps to root out anti-Israel bias at one of its subsidiaries. . Signatories to the July 15 letter include the Anti-Defamation League; American Jewish Committee; Combat Antisemitism Movement; Conference of Presidents of Major American Jewish Organizations; Christians United for Israel (CUFI); Hadassah: The Women’s Zionist Organization of America; Jewish Funders Network; JLens; the Louis D. Brandeis Center for Human Rights Under Law; and the Jewish Federations of North America. . The letter follows the release of a May report from White & Case, a law firm hired by Morningstar to investigate claims that the Sustainalytics’ Human Rights Radar risk ratings had anti-Israel bias and was signaling out Israel over human-rights abuses while neglecting serious abuses in other countries. . It also comes just weeks after the Illinois Investment Policy Board, which can put businesses who sanction BDS on a list of those who cannot do business with the state, closed an investigation in Morningstar citing its “openness and transparency on the issue.” . As part of its findings, White & Case laid out some 40 recommendations that Morningstar has committed to following to address the findings, including cutting ties with the vendor behind its now-discarded Human Rights Radar. . ‘We know how this ends’ However, Jewish and pro-Israel groups would like to see Morningstar take even more steps to ensure this does not happen again, including training, updating methodology, consulting with experts on language and updating its categorization methods. . “While we commend you for pledging to terminate Sustainalytics’ Human Rights Radar product, ending the bespoke research that White & Case flags as likely to produce biased results, and transparently implementing some of the other recommendations, the report makes clear that built-in bias against Israel infects Sustainalytics’ methodology and sources, and thus, its other ESG [environmental, social, and governance] ratings’ products,” said their letter. . “This bias is not only unfair and harmful to Israeli companies and those doing business in and with Israel, but such bias also threatens to tarnish the ESG ratings framework itself,” it continued. . “We know how this ends,” said Ari Morgenstern, senior director of policy and communications for CUFI. “We’ll contend with this with the same vigor as we did with Airbnb and Unilever,” referring to two companies accused of engaging in anti-Israel boycott activity, only to reverse course later. . “Morningstar hasn’t rooted out the effort to bring BDS through the backdoor of ESG,” he said. . Elana Broitman, senior vice president for public affairs at the Jewish Federations of North America, told JNS that Morningstar was given a heads up before the letter’s release and agreed to open a dialogue with the signatories soon. . “After we took our time to do some real analysis, we feel much more needs to be done, and we wanted to put this into very clear guidelines that are representative of our community,” she said, emphasizing that the overall goal “isn’t just to fix Morningstar’s issues, but to set a standard for the entire ESG industry.” . “It’s not any one company,” stated Broitman. “We can help set up the right processes, the right methodology, the right systems for any ESG company so that Israel is treated even-handedly.”
Brown Bag Lunch Speakers’ Series: Get the Scoop on Fighting Ben & Jerry’s BDS . On Thursday, July 28, 12:30 PM EDT, Brandeis Center President Alyza Lewin and Vice Chair Rachel Lerman will speak publicly about the recent Ben & Jerry’s BDS lawsuit and Unilever agreement — led and negotiated by the Brandeis Center. . The event is hosted by The JCRC of Greater Washington, American Jewish Committee, The American Association of Jewish Lawyers and Jurists, The Jewish Federation of Greater Washington Next Gen Lawyers and Lawyers Divisions, and Tzedek DC. . The discussion is virtual, and you can register for the webinar here.
Earlier today, a group of prominent Jewish organizations, sent a letter to American financial services firm Morningstar. . In addition to urging that Morningstar carry out independent investigators’ recommendations addressing anti-Israel bias in its social justice rating system (ESG), the joint letter advocates further steps ensuring that the bias is eliminated. . Brandeis Center Vice Chair Rachel Lerman commented on the investigators’ report in her June 14 Jerusalem Post article noting that Morningstar’s Sustainalytics ESG methodology must be overhauled to ensure it is objective and reliable, and not a conduit for BDS activism. [gview file=”https://cdn.fedweb.org/fed-42/2/Morningstar%2520July%252015%2520Final.pdf”]
Government officials, university administrators and academic faculty often need resources for identifying anti-Semitic discourse that can supplement existing definitions such as the International Holocaust Remembrance Alliance (IHRA) Working Definition of anti-Semitism. This fact sheet meets that need by highlighting some of the most common motifs in anti-Semitic discourse. It includes inter-related tropes and memes that have long been markers for anti-Semitism. fact sheet on the elements of anti-semitic discourseDownload
Based on a review of publicly available information, this fact sheet concludes that the Israeli Defense Forces’ (IDF) policies comply with International Humanitarian Law (IHL), while Hamas does not. . Today, the Louis D. Brandeis Center for Human Rights Under Law has issued an important new fact sheet to explain the rules that govern how nations must conduct themselves in war and how these rules were violated by Hamas during the Gaza 2021 conflict. It provides specific factual details of publicly available information demonstrating the Israeli Defense Forces’ compliance with IHL guidelines and the clear violations perpetrated by Hamas. . “IHL is widely misunderstood,” explained its chief author, Senior Counsel and international human rights lawyer Arthur Traldi. “This fact sheet provides a critical educational resource to help people understand an important and complex area of law.” . “In our campus work, we find that misconceptions about Israel often combine basic misinformation with hateful anti-Jewish stereotypes. Both must be addressed. For years, we’ve addressed the hate and bias through civil rights law. With this fact sheet, we are addressing the misconceptions with critical information and analysis,” added Brandeis Center Founder and Chairman Kenneth L. Marcus. . IHL applies equally to all parties to armed conflicts. Its key principles are codified in the Geneva Conventions, which help warring parties determine what they can and cannot legally do during a war. The most widely accepted principles include: “distinction,” “necessity,” “proportionality,” and “humanity.” . The principle of distinction requires that attackers distinguish between military and civilian objectives when selecting targets. The principle of necessity permits armed forces to take measures which are necessary to accomplish a legitimate military purpose and are not otherwise prohibited by IHL. The principle of proportionality bans any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. The principle of humanity forbids the infliction of unnecessary suffering. . The fact sheet explains that asymmetric, urban warfare – like a conflict between Israel and Hamas – poses extra challenges for warring parties because fighters and civilians may look the same, and military targets are in close proximity to civilian objects. . For instance, the fact sheet notes that Hamas regularly violates various principles of IHL, such as the principle of distinction, both as an attacker and a defender. As an attacker, Hamas often directs attacks at civilians or civilian property. As a defender, Hamas has a practice of “avoiding uniforms and thus failing to distinguish its fighters from civilians, locating operational military bases in civilian areas, and weaponizing items and locations which should be protected under IHL” – as well as using human shields. To learn more about the other key principles and the ways in which Hamas has violated them, access the fact sheet. . By contrast, the fact sheet notes that as a matter of policy the IDF complies with international guidelines. For instance, in the 2021 Gaza conflict, prior to airstrikes, the IDF took significant precautions to give civilians notice to evacuate an area and avoid harm, such as dropping Arabic language leaflets and sending mobile phone alerts to civilians in strike zones, urging them to evacuate these areas. To learn more about how IDF policies comply with IHL, access the fact sheet.
Brandeis Brief: July 2022 The Brandeis Center just reached a milestone settlement in its lawsuit against Ben & Jerry’s, preventing an unlawful boycott of Israel. Earlier this month, the Brandeis Center successfully urged the Dept. of Education to continue monitoring anti-Semitism at NYU pursuant to the University’s pending Resolution Agreement with the Office for Civil Rights. Be sure to watch today the New York City Council’s Committee on Higher Education hearing regarding campus anti-Semitism – scheduled to begin at 10:00 a.m. EDT. Brandeis Center President Alyza D. Lewin is scheduled to testify – and will also appear at a pre-hearing press conference.⚠️Time may change, so keep an eye on the NYC Council’s livestream page and check local news sources. The Brandeis Center has been busy over the last month: Brandeis Center Chairman Kenneth L. Marcus testified at the Commonwealth of Virginia’s Commission to Combat anti-Semitism, urging the Commission to develop an operational plan that will have long-term impact. Chairman Marcus compared Jewish American Heritage Month to the late, great comedian Rodney Dangerfield, arguing that both get ‘No respect.’ ️Russia has banned numerous U.S. Jews from entering the country, including Brandeis Center President Alyza D. Lewin and her father and Brandeis Center Legal Advisory Board member, Nathan Lewin. We say this is a badge of honor. President Lewin led a ‘Diversity, Equity and Inclusion & Erasive Anti-Semitism’ Continuing Legal Education webinar for StandWithUs. Vice Chair L. Rachel Lerman exposed how ‘Liberated’ Ethnic Studies is trying to reintroduce anti-Semitic content into California schools. Marcus weighed in on the topic in a JNS article. Chairman Marcus discussed the importance of academics working together to fight rising anti-Semitism at universities across the U.S. in a Newsmax TV segment. Vice Chair Lerman explained why Morningstar’s disavowal of an anti-Israel tech tool may not be enough. Marcus advocated for increased parental involvement in school curricula, gleaning insights and lessons from a parent’s lawsuit against a prominent California private school and an ill-advised initiative by the Biden administration. News industry website The Journalist’s Resource sourced the Brandeis Center’s Fact Sheet on the Elements of Anti-Semitic Discourse in an article to help journalists cover anti-Semitism responsibly. The Brandeis Center is hiring Employment Counsel. This full-time attorney will manage an exciting new project to combat corporate anti-Semitism through training, legal review, and strategic advice. Read the full job description. Our summer law clerks and interns have been busy! writing insightful op-eds and blogs about campus activities, global anti-Semitism, Brandeis Center activities, and more. Read about these and other developments at the Center in this month’s Brief. As always, we thank you for your tax-deductible donations and acknowledge that without you our work could not be done. Brandeis Center Leads Team that Prevents Ben & Jerry’s Boycott of Israel Brandeis Center and co-counsel on behalf of Ben & Jerry’s Israeli licensee, Israeli company American Quality Products (AQP) and its owner Avi Zinger, negotiated a settlement agreement with Ben & Jerry’s parent company, Unilever, that provides Zinger the right to continue manufacturing and selling Ben & Jerry’s products throughout Israel, including the West Bank/Judea and Samaria – in perpetuity. This settlement effectively prevents the unlawful boycott that Ben & Jerry’s had previously announced and signals a major defeat for the anti-Semitic Boycott, Divestment and Sanctions (BDS) movement. Pursuant to the agreement, Zinger will continue as the exclusive producer and distributor of Ben & Jerry’s ice cream in Israel. He will continue selling the same Ben & Jerry’s ice cream consumers have been enjoying for 35 years with its Hebrew and Arabic name. Unilever sold its Ben & Jerry’s business interest in Israel to Zinger, meaning Ben & Jerry’s Vermont will no longer have any authority over Zinger’s ability to sell the ice cream in Israel. “This is a major defeat for BDS and an enormous victory for civil and human rights,” declared Alyza D. Lewin president of the Brandeis Center. “We prevented Ben & Jerry’s unlawful boycott of Israel and provided job security to AQP’s diverse work force. This agreement benefited not only Ben & Jerry’s customers but also the thousands of Israeli and Palestinian suppliers and distributors who service AQP’s factory.” U.S. Ed. Dept. Response to Brandeis Center Letter Reveals NYU Still Under Monitoring Following the Brandeis Center’s letter calling on the Office for Civil Rights (OCR) to continue monitoring ongoing anti-Semitism at NYU, the U.S. Department of Education indicated that it will continue to supervise the University’s compliance with its pending Resolution Agreement with OCR. Coverage of the Brandeis Center’s letter included Jewish Journal, The Algemeiner, and the Combat Anti-Semitism Movement. “The problem is that NYU has never done what it promised the [U.S. Ed. Dept.] that it would do. NYU committed to amend its anti-discrimination policy to expressly prohibit antisemitic conduct as defined in the Executive Order on Combating Anti-Semitism. NYU hasn’t done this,” declared Brandeis Center Chairman Kenneth L. Marcus in a New York Sun op-ed. “Similarly, NYU fails to describe ‘the forms of anti-Semitism that can manifest in the University environment’ as it promised to do.” Marcus Testifies Before VA Anti-Semitism Commission Brandeis Center Chairman Kenneth L. Marcus testified at the Commonwealth of Virginia’s Commission to Combat anti-Semitism. He was the only non-commission member invited to present. Marcus discussed the importance of recognizing anti-Semitism throughout the political spectrum and “where we least expect it.” He urged the Commission to develop recommendations that are fully operational and have significant real-world impact, rather than just generating “feel good” press releases. Many Commission members expressed agreement with his statement and concurred on the need to make their work operational in a variety of contexts, including education, law enforcement, and institutions, such as museums. ‘No respect’: Marcus Declares Jewish American Heritage Month the Rodney Dangerfield of Commemorative Occasions Brandeis Center Chairman Kenneth L. Marcus, in a sardonic op-ed for the South Florida Sun Sentinel, explored the many ways that our institutions snub Jewish American Heritage Month. “The U.S. Department of State honors nine history and heritage months on its public website,” writes Marcus. “These months recognize women, LGBTQ, Asian, Hispanic, Caribbean, Arab and African Americans, among others. Jewish Americans, however, are forgotten – surprising, since our Secretary of State is a Jew.” Marcus points out Harvard “has chosen this year to honor eight heritage months and seven identity recognition days.” But not Jewish American Heritage Month. The U.S. Census Bureau even ranked National Poultry Day higher than JAHM. “Symbols matter,” Marcus emphasizes. “At a time when anti-Semitism is rising, a simple step that any institution can take is to celebrate Jewish American heritage, just as we do with the other heritages that make our nation strong.” Banned by Russia: Brandeis Center President Alyza D. Lewin Brandeis Center President Alyza D. Lewin and her father, Brandeis Center Legal Advisory Board member, Nathan Lewin, were among the 963 Americans on Russia’s latest list of permanently banned Americans. We could not be more proud. Although the Brandeis Center has not yet selected a location for our next conference, we are scratching Moscow and St. Petersburg off the list. Alyza D. Lewin Leads Continuing Legal Education Webinar for StandWithUs Brandeis Center President Alyza D. Lewin led a CLE webinar titled, “Diversity, Equity and Inclusion (DEI) & Erasive Anti-Semitism” as part of a StandWithUs Saidoff Legal Department series on “Diverse and Current Legal Issues Impacting the Jewish Community.” L. Rachel Lerman Exposes ‘Liberated’ Ethnic Studies Brandeis Center Vice Chair L. Rachel Lerman exposed, in a Jewish Journal op-ed, efforts by the ‘Liberated’ Ethnic Studies group to reintroduce anti-Semitic curricular content in California classrooms. As Lerman explains, Liberated previously drafted a model ethnic studies course “promoting a narrow and extreme form of ethnic studies…Liberated seeks to castigate “privileged” white and minority students and set them at odds with other minority students.” Despite the overwhelmingly critical public reaction to the blatantly biased and anti-Semitic model ethnic studies curriculum, rejected by CA Governor Gavin Newsom, the CA legislature and Instructional Quality Commission, “Liberated has now repackaged and is surreptitiously selling a ‘new’ version of its curriculum to California school districts. In fact, Liberated has gone to great lengths to keep its curriculum secret from the public, although California law requires, at a minimum, that any proposal be publicly disseminated, with an opportunity for the public to respond before it is used by schools. So far, however, Liberated training events are by invitation only, and not open to the general public.” Chairman Marcus shared further insights on this topic in this JNS deep dive. Marcus discusses rising anti-Semitism in higher education Chairman Marcus spoke on Newsmax TV’s ‘The Chris Salcedo Show’ about the importance of academics working together to fight rising anti-Semitism at universities across the U.S. Marcus also shared insights about the affirmative action case pending before SCOTUS, Students for Fair Admissions v. Harvard. L. Rachel Lerman Explores Anti-Israel Bias in Tech Products that Rate Companies’ Approach to Social Issues Reporting in the Jerusalem Post on investment firm Morningstar’s decision to drop a product used by its subsidiary to rate a company’ commitment to corporate responsibility, Brandeis Center Vice Chair L. Rachel Lerman examined baked-in anti-Israel bias in ‘environmental, social and governance’ (ESG) rating systems. Lerman notes an over-reliance on media sources biased against Israel that “could easily result in ESG ratings influenced by parties with an anti-Israel agenda.” An independent investigation of the Morningstar subsidiary product “advises the company to reconsider its practice of pressuring Israeli companies, co-signed by investors…of the importance of cooperating” with the product – because it “exceeds the bounds of objective analysis,” writes Lerman. “Hopefully, regulation by the Securities and Exchange Commission, reportedly in the works, will help ensure that ESG ratings are objective, transparent and less likely to reflect the political agenda of groups like BDS.” Marcus Advocates for ‘Parental Rights’ Movement In a pair of op-eds, Brandeis Center Chairman Kenneth L. Marcus makes the case for strong parental involvement in school curricula. Marcus highlights important takeaways from a lawsuit filed by a parent against a posh Los Angeles private school and critically examines the Biden administration’s creation of the National Parents and Families Engagement Council. In a piece for FoxNews.com, Marcus explores the lawsuit involving L.A.’s posh Brentwood School – which expelled a student after her father objected to the school’s new radical ‘anti-racist’ curriculum: “This is very different than urging them to become “not racist.” As [‘anti-racist’ author Ibram X.] Kendi teaches, ‘The only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination.’ In teaching anti-racism, Brentwood traded its previous, unfashionable racism for a more socially acceptable version.” Writing in the Washington Times, Marcus asks if the real goal of Secretary of Education Miguel Cardona’s new initiative isn’t to strengthen relations between parents and schools – but the exact opposite: “They must engage with those who brought school reform onto the national agenda, not just those who uphold the national establishment and status quo….Is Mr. Cardona ready to engage, in a serious way, with parents who are outraged by critical race theory in their children’s classroom?” News Industry Website Highlights Brandeis Center Fact Sheet News industry website The Journalist’s Resource sourced the Brandeis Center’s Fact Sheet on the ‘Elements of Anti-Semitic Discourse’ in an article to help journalists cover anti-Semitism responsibly: ‘8 tips to help journalists cover anti-Semitism – and avoid inadvertently perpetuating anti-Semitic stereotypes.’ Brandeis Center fact sheets, including ‘Best Practices Guide for Combating Campus Anti-Semitism and Anti-Israelism’ and ‘Title VI Fact Sheet,’ are located on our website. Brandeis Center Hiring Employment Counsel Position The Brandeis Center is looking for an exceptional attorney to help manage an exciting new project that will harness its legal expertise to combat corporate anti-Semitism through training, legal review and strategic advice. Brandeis Center Chairman Marcus explained, “Anti-Semitism is increasingly spreading in the corporate world, but we have a crucial window to stop it. The Brandeis Center is uniquely positioned to meet this challenge by bringing our successful approach to combatting anti-Semitism in higher education programs to the corporate world. I look forward to welcoming a new attorney who will play a key role in this vital project.” Interested candidates should submit a cover letter, curriculum vitae, writing sample (less than 10 pages) and law school transcript to info@brandeiscenter.com. Read the full job description. Brandeis Center Welcomes Summer Law Clerks and Interns Along with legal advocacy and research, a pillar of the Brandeis Center’s work is education. Our law clerk and internship programs are two important facets of this work. This summer, we are proud to welcome two civil rights law clerks and six communications and development interns to our team. Brandeis Center intern, Nicole Rosenzweig, (pre-law, Duke ’24) published an op-ed in The Algemeiner detailing her experience as one of the only Jewish student senators in the Duke student government when it took the anti-Semitic and discriminatory action of denying recognition to a student chapter of Students Supporting Israel. Rosenzweig describes how, throughout the ordeal, Brandeis Center attorneys provided invaluable strategic and legal advice to Duke SSI students, and warned Duke President Vincent Price that formally recognizing Duke’s SSI chapter was the “only way to ensure the university’s compliance” with federal law. Ultimately, the Duke student government reinstated Dule SSI’s formal recognition. Also this month, Brandeis Center intern, Rosemarie Goldstein (history major, Wellesley College ’24), published two blogs – one on the U.N. Special Rapporteur’s Action Plan to Combat Anti-Semitism and another recapping Brandeis Center Chairman Kenneth L. Marcus’s testimony before the Commonwealth of Virginia’s Commission to Combat anti-Semitism. We invite students to apply for communications and development internships for the 2022-23 academic year. Donate to the Brandeis Center Sign up for our monthly Brandeis Brief and other messages from us Forward this email to a friend The Louis D. Brandeis Center 1717 Pennsylvania Avenue, NW, Suite 1025, Washington, DC 20006 You can update your preferences or unsubscribe from this list. The Louis D. Brandeis Center is a nonprofit organization supported by individuals, groups and foundations that share our concern about Jewish college students. Contributions are tax-exempt under section 501(c)(3) of the Internal Revenue Code. To support our efforts to combat campus anti-Semitism, please contact us at info@brandeiscenter.com
Published in Jewish Insider June 29, 2022. . Unilever, the parent company of Ben & Jerry’s, announced on Wednesday that it reached an agreement with the Israel-based manufacturer of the ice cream products to continue selling in Israel and the West Bank. . Under the new arrangement, Unilever will sell its interests in Israel to American Quality Products Ltd. owner Avi Zinger, whose company has manufactured and distributed Ben & Jerry’s in Israel and the West Bank for more than three decades. “Ben & Jerry’s will be sold under its Hebrew and Arabic names throughout Israel and the West Bank under the full ownership of its current licensee,” Unilever said in a statement. . “I think Unilever took a very principled stance and recognized that it was important for Ben & Jerry’s ice cream to continue to be made available to all consumers in Israel: Israelis, Palestinians, Jews, Muslims, Christians, wherever they may live,” Alyza Lewin, president of the Louis D. Brandeis Center for Human Rights Under Law, which represented Zinger, told JI on Wednesday. “And they took the steps necessary to make sure that’s what happened.” . Ben & Jerry’s announced in July 2021 that it would cease sales of its products in what it referred to as “Occupied Palestinian Territory,” triggering a number of states with laws prohibiting the boycott of Israeli products to begin the process of divesting from Unilever. Several members of Congress also called for the Securities and Exchange Commission to look into whether Unilever needed to amend its regulatory filings to reflect new risks posed to shareholders in light of the ice cream company’s announcement. . In its statement on Wednesday, Unilever said that it “rejects completely and repudiates unequivocally any form of discrimination or intolerance. Antisemitism has no place in any society. We have never expressed any support for the Boycott Divestment Sanctions (BDS) movement and have no intention of changing that position.” . Earlier this year, Zinger filed a lawsuit against both Ben & Jerry’s and Unilever, alleging both breach of contract and that he had been pressured to violate Israeli laws prohibiting boycotts against Israel and areas under its control. . Zinger told Jewish Insider at the time that while he had faced pressure from the companies in the past to end sales in the West Bank after more than three decades of manufacturing and distributing the products, that pressure became “tremendous” after the May 2021 conflict between Israel and Gaza. . Ben & Jerry’s announced it would cease sales in the region two months after the end of the May conflict. . The company and its founders have faced scrutiny for public comments and internal processes following last summer’s announcement. In October 2021, founders Ben Cohen and Jerry Greenfield, who have remained background figures at the company since its 2000 acquisition by Unilever, were asked by Axios reporter Alexi McCammond why they supported the company’s decision to end sales in Israel and the West Bank, but continued to sell products in U.S. states that had passed restrictive voting laws, which the co-founders struggled to answer. . Earlier this month, the company again faced criticism after a Ben & Jerry’s employee shared video and screenshots of a new employee training program that featured four lectures on the Israeli-Palestinian conflict.
Contact: Nicole Rosen 202-309-5724 Major Victory Against BDS: Avi Zinger’s Legal Team Prevents Ben & Jerry’s Boycott of Israel Ben & Jerry’s Will Continue to be Sold in Israel . Washington, D.C., June 29, 2022: Avi Zinger, Ben & Jerry’s Israeli licensee, has settled the federal lawsuit filed on his behalf by the Louis D. Brandeis Center for Human Rights Under Law and co-counsel, following Ben & Jerry’s refusal to renew Zinger’s 34-year-old license to manufacture and sell Ben & Jerry’s ice cream. . The settlement prevents Ben & Jerry’s from boycotting Israel and ensures that Zinger will continue selling Ben & Jerry’s ice cream throughout Israel and the West Bank (Judea and Samaria) without interruption. The settlement signals a major defeat for the anti-Israel Boycott, Divestment, and Sanctions (BDS) movement which had pressured Ben & Jerry’s to stop all Ben & Jerry’s sales in the West Bank and East Jerusalem. . In March, Brandeis Center client American Quality Products (AQP), Zinger’s company, sued Unilever and its subsidiary, Ben & Jerry’s, for unlawfully terminating its multi-decade business relationship in order to boycott Israel. The lawsuit requested the U.S. federal court deem Unilever’s termination illegal, enabling AQP to continue selling Ben & Jerry’s products throughout Israel. Today, Unilever and AQP announced an agreement that resolves the legal dispute and defeats BDS efforts to keep the premium ice cream out of Israel. Pursuant to the agreement, Zinger and AQP will continue to manufacture and sell Ben & Jerry’s ice cream products to all customers in all parts of Israel, the West Bank and Gaza. Unilever has sold its Ben & Jerry’s business interests in Israel to Zinger to enable him to continue selling the same Ben & Jerry’s ice cream consumers have been enjoying for 35 years with its Hebrew and Arabic name. . “I thank Unilever for resolving this matter and for the strong and principled stand it has taken against the Boycott, Divestment and Sanctions (BDS) movement. There is no place for discrimination in the commercial sale of ice cream. It has always been important to me to ensure that all customers – no matter their identity – are free to enjoy Ben & Jerry’s ice cream. BDS lost. I now have the right to sell Ben & Jerry’s using its Hebrew and Arabic name to all our Israeli and Arab customers throughout Israel and the West Bank (Judea and Samaria) – forever. This is a victory for those who seek cooperation and coexistence, and a resounding defeat for discrimination. It is particularly significant for those who have stood united against BDS,” stated Zinger. . “On behalf of myself and my employees, I am grateful for the support we received from Israeli Knesset members across the political spectrum; from the Foreign Ministry under the leadership of Foreign Minister Yair Lapid; for the efforts of governors and state attorneys general from numerous states in the United States who initiated severe sanctions in response to the boycott; and for the individuals and Jewish organizations from around the world who on their own initiative spoke out against BDS and contributed to this successful resolution. Thank you also to Alyza Lewin and her team from the Brandeis Center, Marc Zell, and Nathan Lewin, who worked tirelessly to help me. It is the support we received from all corners of the globe that made this resolution possible. I am grateful to once again be able to focus on what I do best – making high quality premium ice cream for all to enjoy,” added Zinger. . “Today’s settlement is a major defeat for BDS and enormous victory for civil and human rights,” declared Alyza D. Lewin, president of the Louis D. Brandeis Center for Human Rights Under Law. “Last July, when Ben & Jerry’s announced that it would not renew AQP’s license, BDS activists believed they’d achieved their goal – getting Ben & Jerry’s to boycott Israel. But Avi Zinger stood up for what’s right. He refused to discriminate against customers based on where they live – which is what BDS proponents were demanding. The lawsuit the Brandeis Center filed on Avi’s behalf exposed the hypocrisy of the BDS movement and demonstrated how BDS harms the very Palestinians the movement claims to support. Today, those who promote cooperation and coexistence vanquished those who endorse bigotry, discrimination and hate. BDS tried to stop Ben & Jerry’s from being sold in Israel. They lost. Now, thanks to Unilever’s principled stand, Ben & Jerry’s will continue to be sold throughout Israel and the West Bank/Judea and Samaria by Avi Zinger. With this settlement, Unilever has ensured that Avi has the right – for eternity – to continue doing what he has done for decades as the exclusive producer and distributor in Israel of Ben & Jerry’s premium ice-cream. This settlement enables Avi to continue providing jobs for refugees, new immigrants and the disabled; economic opportunity for Palestinians; and support for Israeli-Palestinian coexistence programs and other human rights initiatives. Other corporations should take heed: BDS is bad for business. Discrimination never pays. Boycotts are not the answer. Engagement, cooperation, and coexistence are the true corporate avenues for peace.” . Unilever and the Israeli government also released statements today commending the agreement. According to the lawsuit, filed in the U.S. District Court of New Jersey, where Unilever U.S. is headquartered, what Ben & Jerry’s demanded AQP do – boycott certain parts of Israel while continuing to sell in other parts of the country – is illegal under Israeli law, as well as U.S. law and policy. When AQP refused to comply with Ben & Jerry’s unlawful demand, Ben & Jerry’s refused to renew its license. Terminating AQP’s license solely because the company refused to break the law constitutes wrongful termination and breach of contract under U.S. law, which governs Unilever U.S. and its Ben & Jerry’s subsidiary. .. As noted in the lawsuit, the Israeli laws Ben & Jerry’s directed AQP violate include Israel’s non-discrimination law, which prohibits discrimination in the furnishing of a product or public service on the basis of race, religion, nationality, place of origin, gender, sexual orientation, age and residence and Israeli law prohibiting any person from knowingly calling for a boycott against Israel or an area under its control. The U.S. laws that prohibit anti-Israel boycotts include the U.S. Export Control Reform Act which prohibits companies from refusing to do business for boycott-related reasons; the U.S. Tax Code’s reporting requirements for activities related to boycotts; the U.S.-Israel Trade and Commercial Enhancement Act; and numerous state anti-discrimination policies and anti-boycott laws. According to the lawsuit, the boycott also violated the Israeli government’s consent decree for the Unilever-Ben & Jerry’s merger as well as numerous terms of the license agreement between AQP, Ben & Jerry’s, and Unilever. . Zinger was represented by Alyza D. Lewin and L. Rachel Lerman of The Louis D. Brandeis Center for Human Rights Under Law; L. Marc Zell of Zell, Aron & Co.; Edward J. Dauber and Linda G. Harvey of Greenberg Dauber Epstein & Tucker; and Nathan Lewin of Lewin & Lewin, LLP. . The Louis D. Brandeis Center is an independent, non-partisan institution for public interest advocacy, research and education. The Center’s mission is to advance the civil and human rights of the Jewish people and to promote justice for all. The Center’s education, research and advocacy focus especially, but not exclusively, on the problems of anti-Semitism on college and university campuses. . https://brandeiscenter.com/wp-content/uploads/2024/01/LDB-Ben-and-Jerrys-agreement-FINAL-3.pdf
Published in The Times of Israel on June 29, 2022. . Ben & Jerry’s will continue to be sold in Israel and the West Bank, after the Israeli franchise came to an agreement with the ice cream maker’s parent company Unilever following a year of legal battling over a settlement boycott, the two sides announced on Wednesday. . Israel and its supporters hailed the decision as a major victory against the anti-Israel Boycott, Divestment and Sanctions (BDS) movement. . Unilever has sold its Ben & Jerry’s business interests in Israel to Avi Zinger, the Israeli manufacturer and distributor of the brand, who will now be independent. . Zinger has also acquired the exclusive rights to the Ben & Jerry’s logo in Hebrew and Arabic, but will cease using the English branding. . “Avi Zinger is able to and has the right to continue selling the same Ben & Jerry’s ice cream he’s been selling for 35 years in those areas forever, in perpetuity. It’s his,” said Alyza Lewin, president of the Louis D. Brandeis Center for Human Rights Under Law, which represented Zinger. . “Ben & Jerry’s in Vermont no longer has any authority over Avi. They can’t stop him from selling Ben & Jerry’s ice cream,” Lewin told The Times of Israel. . The monetary terms of the arrangement were kept confidential. . Zinger told Army Radio on Wednesday afternoon that the new arrangement gave him “a wonderful feeling.” . Unilever realized “it had to find a way out of the mess it was in” and “found a way to bypass Ben & Jerry’s,” he said. . He said he had been overwhelmed by support during the battle, with “literally thousands of people” contacting him to offer support. . Without asking to, he said, he had “long since stopped being an ice-cream maker in Be’er Tuvia” — where his factory is located in southern Israel — and instead become the face of the struggle against BDS. Now, though, he said, “We get to go back to what we love doing — making and selling good ice cream.” . “I gathered the workers today to tell them the news,” he said, and the delight on their faces “made it all worthwhile.” . Following last year’s May war between Israel and Gaza terror groups, Ben & Jerry’s said it would no longer allow its ice cream to be sold in Israeli settlements, setting off a firestorm of criticism and a series of major divestments in Unilever as multiple US states obeyed laws against the anti-Israel BDS movement. . Zinger then sued Ben & Jerry’s and Unilever in US federal court in March, claiming the companies had unlawfully terminated their business relationship with him. . Unilever and the Brandeis Center announced Wednesday that they had reached a deal to settle that case. . The UK-based conglomerate said it has “listened to perspectives on this complex and sensitive matter” and had consulted with the Israeli government. . The company said it rejects antisemitism and employs around 2,000 people in Israel at four manufacturing plants. Besides Ben & Jerry’s, the company sells a range of other products, including Strauss ice cream, in Israel and the West Bank. . “This is a victory for those who seek cooperation and coexistence, and a resounding defeat for discrimination. It is particularly significant for those who have stood united against BDS,” Zinger said in a statement. . Foreign Minister Yair Lapid welcomed the decision and thanked Unilever. . “The antisemites will not defeat us,” Lapid said. “Today’s victory is for all those who know that the struggle against BDS is first and foremost for advancing partnership, conversation and an ongoing struggle against discrimination and hate.” . “We will fight against the delegitimization and boycott movement in all places,” Lapid said. . Foreign Ministry spokesperson Lior Haiat said the decision “sends a message to other companies, that will undoubtedly resonate around the world.” . Haiat applauded Unilever and said both sides were eager to find a solution, but stressed that the deal was between two private companies, and that Israel was not a part of the agreement. . The boycott announcement last year came after a heavy pressure campaign from anti-Israel and progressive activists. The decision sparked uproar in Israel and among some US Jewish groups, many of whom called it antisemitic, since the company has no boycotts against any other area of the world. . Ben & Jerry’s board announced in July it would stop selling ice cream in “Occupied Palestinian Territory” independently of Unilever, which was against the move. Under the terms of Unilever’s 2000 acquisition agreement with the ice cream brand, the Ben & Jerry’s board maintained the freedom to make such decisions. . There was no immediate comment from the Ben & Jerry’s board or the BDS movement to Wednesday’s agreement. . Human Rights Watch accused Unilever of “complicity in grave human rights abuses.” . “What comes next may look and taste similar, but without Ben & Jerry’s recognized social justice values, it’s just a pint of ice cream,” said Omar Shakir, Israel and Palestine Director at Human Rights Watch. . Lewin, from the Brandeis Center, said the agreement was a win for consumers, and for Zinger’s diverse staff of 170 employees in Israel, plus the thousands of Israelis and Palestinians involved in the company’s supply and distribution chain. All had been left in limbo by the court case, and now had job security, she said. . In an interview last year, Ben & Jerry’s founders, Ben Cohen and Jerry Greenfield, said they were against a boycott of Israel, but were in favor of boycotting settlements. . “I don’t view it as withholding money. We just don’t want our ice cream sold in the Occupied Territories,” Cohen said, adding that he supported a two-state solution. . The pair, both Jewish, sold the company decades ago and maintain no control over its operations, though they remain involved. . Zinger’s lawsuit against Unilever had argued that the boycott of the West Bank violates US and Israeli law, and since there is no legal mechanism to continue business while violating those laws, the move amounted to an illegal boycott of the entire Jewish state. . He and his company, American Quality Products (AQP), refused to comply. Their license to sell the ice cream was set to expire at the end of 2022, meaning the boycott had not yet come into effect. . The lawsuit filed requested that the US federal court deem Unilever’s move illegal, and enable AQP to keep selling Ben & Jerry’s products throughout Israel and the West Bank. It also sought a jury trial and damages. The company also violated several US laws that block anti-Israel boycotts, plus numerous state laws, the lawsuit claimed. . The firm filed the lawsuit in the US District Court of New Jersey, the state where Unilever’s American branch is headquartered. It was also filed against Conopco, Inc., another US branch of Unilever, a UK-based multinational. . The Ben & Jerry’s West Bank boycott has caused a headache for Unilever and heavy repercussions. At least six US states divested a total of hundreds of millions of dollars from Unilever because the move violated anti-boycott laws. New York was expected to make a determination on divesting its massive pension fund from Unilever soon. . Critics of the West Bank boycott note that Ben & Jerry’s sells products to states with atrocious human rights records, including Russia, Saudi Arabia, Syria, Iran, and China. The company also sells in other disputed territories including Tibet, Crimea, Western Sahara, and Kashmir. . Supporters of the boycott Israel movement say that in urging businesses, artists, and universities to sever ties with Israel, they are using nonviolent means to oppose unjust policies toward Palestinians. Israel says the movement masks its motives to delegitimize and destroy the Jewish state. . Zinger and AQP were represented by attorneys from the Louis D. Brandeis Center for Human Rights Under Law; Greenberg, Dauber, Epstein and Tucker; Lewin and Lewin, LLP; and Zell, Aron & Co.