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LEGAL AFFAIRS

AUGUST 21, 2026 | CLEVELAND JEWISH NEWS | CJN.ORG 1

LEGAL AFFAIRS

A Cleveland Jewish News Advertising Special Section

LEGAL AFFAIRS

2 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

Benesch expands real estate practice with addition of 20 attorneys; firm opens Miami office ELLEN BRAUNSTEIN

leveland-based Benesch recently added about 20 lawyers from Reed Smith, expanding its real estate practice and its ability to handle complex financing. The move increases Benesch’s national real estate group from about 65 to 85 lawyers. It also supports the opening of an office in Miami and strengthens the firm’s presence in New York. The incoming lawyers focus on commercial real estate finance, secondarymarket transactions and complex lending. They represent banks, debt funds, private credit providers, institutional investors, lenders, borrowers and developers. “This was a unique opportunity to add an exceptionally talented team that aligns with both our strategic priorities and our culture,” Benesch managing partner Gregg Eisenberg, said. He said the addition enables the firm to expand its real estate practice, strengthen its New York operation and establish a

Miami presence at the same time. It also adds structured finance and securitization services that Benesch did not previously offer at the same level. The group is led by Jodi Schwimmer, formerly global co-lead of Reed Smith’s financial industry group, and Randy Eckers, a real estate finance attorney with more than 25 years of experience. The incoming partners also include Michael Estreicher, Alexander “A.J.” Sokoloff and Amanda Rapp. Jeff Wild, Benesch’s real estate practice group chair and chief strategy partner, said clients can now work with one team throughout the financing process. “Clients can now work with lawyers who understand the full financing lifecycle, from origination and lending through secondary market execution and securitization, which creates a more seamless and strategic experience,” told the Cleveland Jewish News. The team handles complex real estate loans and transactions in which groups of loans are packaged and sold to investors. The addition allows Benesch to help clients originate and finance transactions, evaluate

financing alternatives and gain access to capital markets. Wild, a congregant of Green Road Synagogue in Beachwood, said the expanded practice will allow Benesch to pursue more sophisticated financing, securitization and secondary-market transactions while continuing to serve traditional real estate lenders, borrowers and developers. The move is also part of Benesch’s broader expansion strategy. “We identified real estate and finance as areas where we wanted to continue investing, and this addition strengthens one of our most successful practices while adding meaningful new capabilities,” Eisenberg, a subscriber at Celebrating Jewish Life, told the CJN. He said Miami had been under consideration for some time because Benesch already had client relationships and business connections in South Florida. The region’s ability to attract businesses, investment, capital and talent also made it an appealing market. The Miami office will begin with a real estate finance and structured finance

Eisenberg

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focus, but Benesch expects it to become a substantial, full-service office. Eisenberg said the firm plans to add lawyers in other core practice areas over time, following the model it used in Chicago, New York and San Francisco. For Cleveland, Eisenberg said the expansion reflects a firm seeking national growth while retaining the collaborative culture that contributed to its development. “This expansion reflects a firm that is growing thoughtfully and strategically,” he said. “We remain focused on attracting exceptional talent, strengthening areas where we already excel and adding capabilities that create meaningful value for clients.” Ellen Braunstein is a freelance journalist.

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4 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

Building trust between attorney and client A. KEVIN CORVO

rust is a requirement for any effective attorney-client relationship and can be achieved, on the attorney’s part, through several means. But it is a symbiotic relationship that requires reciprocity of trust from the client, according to attorneys who spoke about how they establish trust with new clients. Josh Payne, an attorney at Nurenberg Paris in Cleveland practicing in personal injury, said his approach to building trust with new clients is exuding a “quiet confidence” and showing a client I “have their best interest at heart.”

In the field of personal injury, Payne said he steers away from acting the part of “a big, bad attorney,” or worse, appearing anything like the negative ambulance-chasing personas sometimes portrayed on social media or fictional movies and televisions shows. “In the personal injury field, I have learned the most effective way to earn a client’s trust is not to be that kind of guy,” he said. “I believe in helping people...,” Payne said. “By showing genuine care (and) a quiet confidence that I have their best interest at heart.” Communication is also a key element to building trust,

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according to Payne. “I talk them through each phase of a case, so they know what to expect. It can make the process a lot less scary,” he said. Paul J. Singerman, an attorney at Singerman, Mills, Desberg & Kauntz Co., L.P.A. in Beachwood, said that communication is essential to build trust, but that “it goes both ways.” Payne In a typical first meeting with a client, Singerman said he explains the company’s philosophy, including the firm’s motto or tagline, used in marketing, “Experience… Peace of Mind.” “Our job is not just to give legal advice, but to provide peace of mind that our clients want,” Singerman, who practices real estate law and business litigation, said. Singerman “If there any issue, we want our clients to pick up their phone and call us to get it resolved,” he said. In such a relationship-driven interaction that exists between an attorney and client, there needs to be trust and confidence “but it goes both ways,” Singerman said. “A client has to give fair and accurate information. You can’t be a good lawyer without a client you can trust.” A. Kevin Corvo is a freelance journalist. Publisher’s note: Paul J. Singerman is the immediate past board chair of the Cleveland Jewish Publication Company.

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6 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

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AUGUST 21, 2026 | CLEVELAND JEWISH NEWS | CJN.ORG 7

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LEGAL AFFAIRS

8 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

What students need to know about ICE and their legal rights NOELL WOLFGRAM EVANS

t is the time of year when bookbags get dragged out of the closet and store aisles are packed with shoppers grabbing deals on notebooks, pencil pouches and other school supplies. And while the excitement for the first day of school builds, it does so with an undercurrent of concern that is wholly unique to 2026 - will U.S. Immigration and Customs Enforcement Officers be on school grounds this year. It’s a concern born not out of online fear mongering but very real experiences. According to the Advocates for Basic Legal Equality, Ohio law holds Kaler that all school-aged children have a right to a public education. Unfortunately, this provides a beacon of sorts to ICE agents as they have used schools to stop parents and family members of those students. Last school year, several schools in the state reported ICE activity in the areas around their campuses while schools in Cincinnati and elsewhere in the state reported that local police officers, stating that they were working with ICE, attempted to perform “wellness checks” on certain students. The question then becomes, if this pattern continues,

what rights do students have if ICE agents are on public grounds. There are some clear directives in the law that can guide those interactions. ICE agents cannot legally question students who are over 18 without their explicit consent. If a student is under 18, ICE needs permission from a parent or guardian to talk with them. Those agents are not even supposed to be on school grounds without an unexpired court-issued warrant. And yet students are still concerned and have shown a willingness to make their position known. In January and February of this year, hundreds of students walked out of their classrooms across Northeast Ohio to protest the actions taken by ICE agents. This year there is a concern that they will have to do the same for other communities or, this time, their own. Students who chose to protest actions by ICE will need to do so within the structure of each school’s Code of Conduct. These generally try to find the line between respecting free speech and ensuring that classes are not imposed upon. In a news release sent to the Cleveland Jewish News by Case Western University, President Eric W. Kaler said that “if students are met with an outside agency requesting personal information, students, faculty and staff should direct them to CWRU Public Safety or the CWRU Office of General Counsel.”

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“If students are met with an outside agency requesting personal information, students, faculty and staff should direct them to CWRU Public Safety or the CWRU Office of General Counsel.” Eric W. Kaler Case Western Reserve University

Kaler also said that the university would rely heavily on the Family Educational Rights and Privacy Act. This prohibits colleges and universities from sharing student data without a signed judicial warrant. Noell Wolfgram Evans is a freelance journalist.

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AUGUST 21, 2026 | CLEVELAND JEWISH NEWS | CJN.ORG 9

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10 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

LEGAL AFFAIRS

Jam for Justice to benefit Legal Aid Society of Cleveland KATERYNA KOPYLCHAK kkopylchak@cjn.org

he Legal Aid Society of Cleveland will bring together members of the legal community, local musicians and supporters for its annual Jam for Justice fundraiser on Aug. 27 at the Beachland Ballroom & Tavern at 15711 Waterloo Road in Cleveland. Doors will open at 5 p.m. for the event, which will feature 10 bands performing across two stages, along with food, raffle prizes and other activities benefiting Legal Aid’s work throughout Northeast Ohio. “Great music, great food, and great people,” Laura Klingler associate director of communications at The Legal Aid Society of Cleveland, told the Cleveland Jewish News of what attendees can expect. “A staggered schedule of bands on two stages for non-stop fun.” The lineup includes Razing the Bar, The No Name Band, No Way Sis, Luke Lindberg & The Hung Jury, The Tortfeasors, Faith & Whiskey, Six Sometimes Seven, Out of Order, U4U and State Road. Many of the musicians are members of the legal community and other professions who perform outside of their day jobs and donate their talents to support Legal Aid. The performances will include music ranging from rock ‘n’ roll classics by artists such as Queen, Oasis and Tom Petty to original music and Ukrainian songs. Klingler said the connection between the musicians and Legal Aid’s mission is part of what makes the fundraiser

unique. “They have a special appreciation for Legal Aid’s work,” she said. “Some of them also volunteer with Legal Aid in other capacities, and we even have one Legal Aid housing attorney who performs with his band, The Tortfeasors.” Stephanie Haney of Ideastream, Delanté Spencer Thomas of the city of Cleveland and DJ Brad Wolfe of Brad Wolfe Law will serve as emcees throughout the evening. The event will also feature food from Saed, led by chef Daniel Bolaños, and event T-shirts featuring custom artwork by local illustrator John G. Jam for Justice has been held for more than 15 years and has grown from a small happy hour-style gathering featuring one band to an event showcasing numerous musicians and genres. While the fundraiser is designed to be entertaining, Klingler said its proceeds support Legal Aid’s work providing free legal assistance to people facing civil legal issues, including eviction, domestic violence, employment discrimination and wrongful denial of public benefits. “Jam for Justice is more than a fundraising event, it is an investment in access to justice,” she said. “Every dollar raised helps Legal Aid provide free legal assistance to people in our community at some of the most challenging moments in their lives.” “It’s a great opportunity to connect with members of the community who care about access to justice, enjoy fun live music, and support Legal Aid.” General admission tickets are $60. A new $100 encore set

Out of Order will be among the bands playing on Aug. 27 at The Legal Aid Society of Cleveland’s annual Jam for Justice at 5 p.m. at Beachland Ballroom & Tavern. | Submitted photo includes admission, one raffle ticket and an event T-shirt. Individual raffle tickets are $25, or five can be purchased for $100. Prizes include an overnight stay at Hilton Cleveland Downtown, a suite for a Cleveland Monsters game, a Rock & Roll Hall of Fame prize package and four Cleveland Guardians tickets. Winners will be selected on Aug. 31. To purchase tickets, visit lasclev.org/2026jam

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AUGUST 21, 2026 | CLEVELAND JEWISH NEWS | CJN.ORG 11

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12 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

Stop! Mobile speeding tickets should not be ignored NOELL WOLFGRAM EVANS

here is an old stereotype of a police officer hiding behind a sign waiting to catch speeders. Today, you are more likely to get a speeding ticket from a camera in plain sight than you are from a stealthy officer. That’s because cities across the region are increasingly using traffic cameras to monitor speeding. Drivers who exceed the limit may be photographed and receive a notice or mobile ticket several days later, along with a fine. It’s important to note that even Luxenburg though these are called mobile tickets, you will always get an official notice in the U.S. Mail. If you get a text message requesting you pay a fine for some sort of driving infraction, you should ignore it, as it is generally a scam, experts warn. “Mobile tickets or camera tickets are not actually ‘traffic tickets’ in the traditional sense of an officer-issued ticket,” Mitch Luxenburg of The Law Firm of Mitch Luxenburg in Beachwood, said. “A camera or mobile ticket is a civil violation. I compare them to expensive parking tickets because they are issued to the owner of the vehicle first. While the owner of the vehicle can sign an affidavit that states it was not them driving the vehicle, the owner must

disclose who was the driver of the vehicle at which point that person will be issued the civil violation.” Mobile tickets are looked at differently by the Bureau of Motor Vehicles than a traditional, officer-written ticket. Those tickets are directly reported to the BMV and the court in the jurisdiction where the incident took place. Mobile tickets are not. You also will not incur any points on your license because of a mobile ticket. Because there are no “consequences,” except to your bank account, Luxenburg said you are better off paying them and not fighting the system. “I advise inquiring drivers to not waste their money on an attorney as the cost of the attorney will exceed just paying the ticket, and will not yield any meaningful difference other than for ‘the principle of it,’ he said. That doesn’t mean that you can, or should, simply ignore your mobile ticket. “It is my understanding that most municipalities refer unpaid violations to the local municipal court,” Luxenburg said. “At that point, the courts do add on costs, and have additional collection remedies available to them.” Just as drivers are trying to sort out the details behind mobile tickets, local governments are grappling with their issuances as well. That’s because in 2025, Ohio Gov. Mike DeWine signed House Bill 54. One of the things that it included was the elimination of the use of so-called speed cameras. Even with that legislation, cities and villages in the state can continue to operate those systems based on their

“I advise inquiring drivers to not waste their money on an attorney as the cost of the attorney will exceed just paying the ticket, and will not yield any meaningful difference other than for ‘the principle of it.’” Mitch Luxenburg The Law Firm of Mitch Luxenburg

home rule authority. That all has only contributed to the public’s misunderstandings around the legitimacy of these types of tickets. “There is a lot of confusion, even amongst the courts, so I don’t expect clarity any time soon,” Luxenburg said. Noell Wolfgram Evans is a freelance journalist.

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AUGUST 21, 2026 | CLEVELAND JEWISH NEWS | CJN.ORG 13

Celebrating our Super Lawyers and Rising Stars

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14 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

McCarthy, Lebit, Crystal and Liffman places 24 on Super Lawyers lists

leveland-based McCarthy, Lebit, Crystal and Liffman had 18 attorneys included in the 2027 edition of Ohio Super Lawyers with six included in this year’s Ohio Super Lawyers: Rising Stars for a total of 24 attorneys recognized. Christian R. Patno and Ann Marie Ahern were recognized on the top lists for their respective practice areas. Patno, who oversees the firm’s personal injury and wrongful death practice, has over three decades of complex trial experience, according to a news release, and he is nationally recognized for his work on catastrophic personal injury, medical malpractice, wrongful death and defamation matters. He was ranked No. 2 among all Super Lawyers in Ohio. Ahern, co-managing principal of the firm’s employment law group, represents individuals in

Ahern

Patno

employment disputes. She was ranked in the top 100 for the 2027 Ohio Super Lawyers and in the top 50 for the Women Ohio Super Lawyers and Cleveland Super Lawyers. Patno has been selected every year since the publication’s inaugural 2004 edition, according to the release, while Ahern has

earned the honor for 19-straight years. “The well-deserved recognition earned by Ann-Marie and Christian reflects a broader tradition of excellence at McCarthy Lebit,” the release said. “Year after year, a substantial number of the firm’s attorneys are recognized by Ohio Super Lawyers, reflecting the depth of talent, experience, and professional respect that extends across our practice areas. This consistent recognition underscores the firm’s longstanding commitment to delivering exceptional legal counsel and achieving outstanding results for our clients.” McCarthy Lebit attorneys named to the Ohio Super Lawyers list are: Ahern, Hugh D. Berkson, David M. Cuppage, Danielle G. Garson, Rob Glickman, Robert R. Kracht, Kenneth B. Liffman, David A. Lum, Michael

D. Makofsky, Jack E. Moran, Charles A. Nemer, Patno, Andrew S. Perry, Richard A. Rabb, Colin R. Ray, David A. Schaefer, John S. Seich and Mark I. Wallach. McCarthy Lebit attorneys named to the Rising Stars list are: Anthony A. Duckett, Frank T. George, Adam Glassman, Morgan E. Helgreen, Taylor S. Mehalko and Jenna C. Sholk. Super Lawyers, part of Thomson Reuters, recognizes attorneys who have attained a high degree of peer recognition and professional achievement through a patented multiphase selection process. The annual lists recognize attorneys across more than 70 practice areas and are published nationally in Super Lawyers magazines and leading regional publications.

Singerman, Mills, Desberg & Kauntz Co., L.P.A a best place to work in Ohio

ingerman, Mills, Desberg & Kauntz Co., L.P.A. was recently named one of the 2026 Best Places to Work in Ohio, marking the third time the firm has received the recognition. The firm, also known as SMDK, ranked No. 31 on this year’s list. It was previously recognized in 2021 and 2022. The annual Best Places to Work in Ohio program was

created by Best Companies Group in partnership with Crain’s Cleveland Business to recognize workplaces across the state. “To be ranked 31st on the list of Best Places to Work in Ohio, and to be recognized for a third time, is a tremendous distinction,” SMDK Co-President Christopher O’Connell said in an email. “The overwhelming majority of the score comes from a confidential survey of our own attorneys and

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staff, it is not something leadership can influence. To have our employees support and respect SMDK is gratifying as well as an exceptional honor.” Companies were evaluated through a two-part process that examined workplace policies, practices, philosophy, systems and demographics, as well as employee responses about their workplace experience. The employee survey accounted for about 75% of the overall evaluation. “We are a law firm where everyone knows everyone and that is not incidental to how we practice,” firm Co-President Evan S. Hirsch said in the email. “How our people treat one another, how work moves between us, and how we take care of our clients are all the same thing. Our clients get the benefit of a team that has worked together for a long time and intends to keep doing so.” Chairman Paul J. Singerman said the firm’s culture has remained consistent as it has grown and changed since receiving its first recognition. “I have said for years that if you must work, Singerman Mills is the best place to be. I am pleased that our attorneys and staff continue to agree,” Singerman said in the email. “What is most gratifying about a third recognition is that our firm has grown and changed in the years since the first one but the culture has not. That belongs to everyone here.” Publisher’s note: Paul J. Singerman is the immediate past board chair of the Cleveland Jewish Publication Company Board of Directors.

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AUGUST 21, 2026 | CLEVELAND JEWISH NEWS | CJN.ORG 15

Time is of the essence when dealing with intellectual property

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ELLEN BRAUNSTEIN

oan Stebelton’s interest in intellectual property law began with her own creative work. Stebelton, an associate attorney at Roetzel & Andress in Cleveland, landed her first children’s book deal while she was still in law school, shortly before her third year. As she worked through her first publishing contract, she Stebelton began to see how much intellectual property issues could affect a writer’s career. “That was when I realized how essential it is as a creative to become knowledgeable about intellectual property law,” she said. The experience led her to take intellectual property courses and eventually build part of her legal practice around protecting the work of creators and businesses. Stebelton, who practices intellectual property, corporate and real estate law, said intellectual property generally falls into three categories: trademarks, copyrights and patents. Trademarks protect such things as business names, logos and slogans; copyrights cover original works including books, movies and software code; and patents protect new technical innovations. One of the biggest mistakes businesses and creators make, she said, is assuming intellectual property protection can wait. A business owner may select a name, order signs and business cards and spend money building a brand before discovering that another company already has rights to a similar trademark. “I would say that’s an essential step one for any sort of business owner or creative,” Stebelton said of considering intellectual property protection. The problem is not limited to large companies. Small businesses may operate for years without protecting a company name, logo or slogan, only to find that another company elsewhere has been using the same or a similar name for even longer. Researching a proposed trademark before investing heavily in it can prevent

expensive problems later, Stebelton said. Social media has created additional risks. Businesses sometimes use copyrighted music or other protected material in online videos without realizing that permission or a license may be required. Companies also encounter websites or social media accounts that use their brand names to mislead customers or seek money from the legitimate trademark owner. If someone discovers another party using protected intellectual property without authorization, Stebelton’s advice is straightforward: “Don’t wait.” People sometimes allow what appears to be a minor infringement to continue for months or years, she said, until it becomes a larger problem. Prompt action might include contacting the other party, sending a cease-and-desist letter or consulting an attorney. Artificial intelligence is creating new intellectual property questions, particularly for writers and artists whose copyrighted work may be included without permission in the large collections of material used to teach AI systems how to generate text, images and other content. “Right now, AI is the legal wild west,” Stebelton said, noting that many legal questions remain unresolved. Her own experience as an author gives her another perspective when advising creative clients. For writers seeking traditional publication, Stebelton recommends obtaining a literary agent. Self-published writers, she said, should consider filing for copyright protection promptly. She also cautioned that an idea for a book cannot simply be copyrighted; there must be an actual work to protect. Whether the client is an author or a business owner, Stebelton said the same basic principle applies: investigate intellectual property issues early rather than after a problem develops. “Before putting a ton of effort into an idea you have, no matter how great the idea is, it’s very, very essential to do your research,” she said. Ellen Braunstein is a freelance journalist.

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16 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

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divorce can force business owners to answer a question they may never have expected to face. What happens to the property on which the business depends? Commercial real estate can be particularly difficult to address because its value is often intertwined with an operating business, rental income, financing and long-term investment plans. Dividing that property without disrupting the business or damaging its value requires careful planning.

The first question is usually whether the property is marital or separate. Under Ohio law, property acquired during a marriage is generally considered marital property, while property acquired before marriage may qualify as separate property. The analysis, however, does not necessarily end there. Appreciation in separate property that results from the labor, money or contributions of either spouse during the marriage may itself be marital property. Passive appreciation may remain separate because it is not the result of either spouse’s efforts or marital contributions, but instead occurs due to external market forces such as changes in real estate values, inflation, or neighborhood development. Consider a spouse who owned a commercial building before getting married. If the building increased in value because the surrounding neighborhood became more desirable, that increase may be treated differently from appreciation attributable to renovations, management efforts or marital funds used to reduce debt. Determining how much of the property’s current value is marital may require tracing financial records and obtaining an expert valuation. Business owners should also understand that the name on the deed does not necessarily decide the issue. Under Ohio law, the way property is titled does not, by itself, determine whether it is marital or separate property. Holding commercial property through a limited liability company or another business entity also does not automatically place its value beyond the reach of a divorce proceeding. The ownership interest, source of the funds used to acquire the property and activity involving the property during the marriage may all be relevant. Valuation creates another challenge. Commercial property cannot be divided as easily as a bank account. Its value may depend on rental income, leases, vacancy rates, debt, repairs and market conditions. A property may have significant value on paper while producing relatively little available cash. The situation becomes even more complicated when the property is essential to an operating business. Selling a building simply to divide its value could disrupt operations, force a relocation and create tax or transaction costs. Ohio law allows courts dividing marital property to consider factors including liquidity, tax consequences, sale costs and the economic

desirability of keeping an asset intact. For that reason, protecting commercial real estate often requires looking beyond the property itself. A business owner who wants to retain a building may need other assets to compensate a spouse for his or her share of its value. Cash, investments or other property may be used to structure a settlement. Refinancing may also provide the funds necessary for a buyout. Documentation can be just as important as valuation. Owners should keep records showing when the property was acquired, how the purchase was funded, what debt existed at the time of marriage and how improvements were paid for. Separate property may retain its separate character, but the owner must generally be able to trace it. Incomplete records can make that significantly harder. Planning before a dispute arises can provide additional protection. Prenuptial agreements may address how commercial real estate, business interests and future appreciation will be treated if a marriage ends. Ohio also permits postnuptial agreements when the applicable legal requirements are satisfied. Business owners with partners should also consider whether operating or partnership agreements contain transfer restrictions, valuation procedures or buyout provisions designed to prevent a divorce from disrupting the entire business. Commercial real estate does not necessarily have to be sold when a marriage ends. In many cases, preserving the property and the business connected to it may be in everyone’s economic interest. The key is understanding how the property was acquired, how its value developed, how it is financed and how it fits into the larger marital estate. Commercial property is usually acquired with a long-term plan in mind. Careful documentation, realistic valuation and advance planning can help prevent divorce from turning that investment into a short or long-term financial burden. Andrew Zashin writes about law for the Cleveland Jewish News. He is the founding partner of Zashin Law in Mayfield Heights.

DISCLAIMER

The Cleveland Jewish News does not make endorsements of political candidates and/or political or other ballot issues on any level. Letters, commentaries, opinions, advertisements and online posts appearing in the Cleveland Jewish News, on cjn.org or our social media pages reflect the views and thoughts of the writer and do not necessarily reflect the opinions of the Cleveland Jewish Publication Company, its board, officers or staff or any other organization unless explicitly stated.

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AUGUST 21, 2026 | CLEVELAND JEWISH NEWS | CJN.ORG 17

Criminal law and personal responsibility MICHAEL J. GOLDBERG Special to the CJN

major theme in the Torah is responsibility for one’ s actions. Working as a criminal defense attorney often puts me in situations where I am representing a client who desperately wants to avoid personal legal responsibility. Almost every criminal case starts with a plea of “not guilty” regardless of the evidence or even a private admission within the attorneyclient privilege. However, a legal plea of “not guilty” is not a moral one. Denial of responsibility can have a range of reasons starting with the accused is innocent. More frequently, the accused has done something for which acceptance of responsibility is in order at some point in the criminal process. Goldberg Sincere acceptance of responsibility is encouraged in the criminal justice system and is often seen as the first step toward reforming offender behavior and assuring the court the conduct will not be repeated. Real life situations can be complex and for any number of reasons, someone may not be able to take responsibility, especially in real

time. As an example in my personal history, had I been a mature, experienced adult, public acceptance of responsibility, would’ve gone a long way toward righting a wrong and not allowing an innocent person to be blamed for my mistake. In 1979, the Beachwood Bison football team was playing a tough opponent. Late in the first half, the Bison defense forced a punt. My teammate, “Rick,” and I and stood at our own 10-yard line to receive the kick. We were coached that while the player who was fielding the punt was looking up at the ball, the other punt receiver would advise his teammate whether the punt was going to cross the 10-yard line or bounce before it. If the kick was short, you catch it. If the punt was going over the 10-yard line, let it bounce and hope it goes into the end zone for a touchback. The

football came to me. Just as he was coached to do, Rick yelled, “Let it go,” my signal that the ball was going to cross the 10-yard line in the air and I should not catch it. Of course, it’s my job to move away so that no bounce from the ball wouldn’t accidentally hit my body making it a fumble. The bouncing ball did touch my leg and was recovered by the other team, leading to an eventual touchdown. Our coach met me at the sideline and asked me, “Why didn’t you catch it?” I said, “Rick told me to let it go.” (Exactly how you taught us). Other than my mistake, we were playing a good game, but at halftime the coach decided to blame Rick for my fumble and berated him in front of the team. This is something Rick and I still talk about 47 years later. The coach was totally wrong. I was the only one responsible for that fumble. The problem was I was 16 years old and I just did not have the mental maturity to step in and say blame me. I wish I could have. It was obviously my fault. In the decades since, I see my failure not as the fumble, but the inability to take responsibility. Someone else was blamed for my mistake. I didn’t blame Rick, but that’s what the coach did. In a football game, it was a fumble. In life, it was not stepping up to do the right thing. I wish that was what we could talk

about years later. I learned from this incident to own my failings. As someone who often counsels others about accepting responsibility, I’m glad to have the opportunity to state here and forever, that the fumble, and ultimately the loss of the game, was my fault. And while I never blamed Rick, I wish I had the courage and character to take responsibility for my error when the coach did not. This Elul, I will again reflect and take responsibility for my mistakes. Michael J. Goldberg is a founding partner at Goldberg Dowell & Associates, LLC in Cleveland. Content provided by advertising partner

DISCLAIMER The Cleveland Jewish News does not make endorsements of political candidates and/or political or other ballot issues on any level. Letters, commentaries, opinions, advertisements and online posts appearing in the Cleveland Jewish News, on cjn.org or our social media pages reflect the views and thoughts of the writer and do not necessarily reflect the opinions of the Cleveland Jewish Publication Company, its board, officers or staff or any other organization unless explicitly stated.

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18 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

Permission slip required? Ohio’s social media law for teens stays on hold 6th Circuit pause keeps parental-consent rules from taking effect while industry seeks Supreme Court review LARRY W. ZUKERMAN AND ADAM M. BROWN Special to the CJN

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hio’s effort to require parental permission before children under 16 can open social media accounts remains frozen for the time being. On Aug. 17, the U.S. Court of Appeals for the 6th Circuit agreed to temporarily pause its earlier decision, keeping the law from taking effect while a technology industry group prepares to ask the U.S. Supreme Court to review the case. NetChoice case summary, August 2026.

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Ohio lawmakers enacted the Parental Notification by Social Media Operators Act in 2023 amid growing concern about the effects of social media on young people. Supporters pointed to research linking heavy platform use to rising rates of anxiety, depression and body-image problems among teens, along with the risk of online predators, weak privacy protections for minors and design features – such as endless scrolling and constant notifications – intended to maximize time spent online. The statute was framed as a way to give parents a clearer role before their children under 16 could create accounts and agree to the terms of service on platforms that allow social interaction and public posting. AP News, June 2026 The law applies to online services that either target children or are reasonably expected to be used by those under 16, such as social media and gaming apps. Covered

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companies must verify a user’s age and obtain verifiable consent from a parent or guardian before allowing an under-16 account. Certain news sites and product-review platforms are exempt. An Ohio federal trial court blocked the law in 2025, concluding it improperly restricted speech. In June 2026 a divided three-judge panel of the 6th Circuit Court of Appeals reversed that ruling, finding that the industry group challenging the statute had not shown the measure was unconstitutional on its face. One judge described the consent requirement as a limited step aimed at the problem of children agreeing to complex terms without adult oversight. A dissenting judge called the approach too broad. 6th Circuit analysis, 2026 Those who favor the law argue it simply restores a measure of parental involvement in an environment where platforms have strong commercial incentives to attract young users. They view the consent step as a practical response to documented harms rather than a ban on access. Critics, including the industry group NetChoice, counter that the requirement burdens the First Amendment rights of minors to receive and share information and of platforms to host speech. They contend the law is vague about which sites are covered, that parents already have tools to supervise their children’s online activity and that similar state laws have been struck down elsewhere. MediaPost, August 2026 The recent court pause means the parental-consent rules cannot be enforced while the industry seeks Supreme Court review. Similar measures in other states have produced conflicting results, leaving the constitutional limits of age-based restrictions unsettled nationwide. Whether the high court ultimately takes the Ohio case and how it balances protecting young users against preserving open access to digital speech will shape the rules that families and platforms face for years to come. For now the outcome remains uncertain, even as the conversation continues in homes and courtrooms across the country. For more information about Larry Zukerman, Adam Brown and the law firm of Zukerman, Lear, Murray & Brown, Co., LPA, visit the firm’s website at zukerman-law.com. Content provided by advertising partner

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AUGUST 21, 2026 | CLEVELAND JEWISH NEWS | CJN.ORG 19

Law firm managing partner, wife donate $1M to CWRU KATERYNA KOPYLCHAK kkopylchak@cjn.org

ase Western Reserve University trustee Craig Bashein and his wife, Michele, have committed $1 million to establish the Craig and Michele Bashein Family Population and Community Health Endowment to support the university’s Institute for Population and Community Health. The endowment will support the institute’s efforts to reduce health disparities and improve health outcomes across Cleveland through research, education and community partnerships. Through the CWRU School of Medicine, the institute works in partnership with the Frances Payne Bolton School of Nursing, School of Law, Jack, Joseph and Morton Mandel School of Applied Social Sciences, Weatherhead School of Management and Schubert Center for Child Studies. Its initiatives focus on preventive care, community-based solutions and improving health outcomes. “Craig and Michele are devoted to Cleveland and advancing the health and wellbeing of its people,” CWRU President Eric W. Kaler said in a news release. “Their gift ensures the Institute for Population and Community Health will continue its important research that shines a light on disparities in health and healthcare. We deeply appreciate their support.” The Basheins said the gift reflects their commitment to expanding opportunities and their belief in the university’s role in the Cleveland community. “Case Western Reserve is an incredible university,” Craig Bashein said. “What the university is doing around community engagement and population health is vitally important - not just for the university, but for Cleveland.” Craig Bashein, managing partner of Cleveland-based law firm Bashein & Bashein, joined the CWRU Board of Trustees in 2020 and recently began his second term. Neither he nor his wife is an alumnus of the university, but their son, Alec, graduated from the CWRU School of Law in 2024. Their daughter, Lauren, earned a graduate degree in public health from CWRU this past spring. “She has this incredible, selfless desire to make the world a better place,” Craig Bashein said in the release. “And through my involvement with the university, I’ve had the

opportunity to meet so many students who are committed to tackling difficult challenges and improving people’s lives. You realize these students are starting journeys that will truly make a difference.” The Basheins have supported several CWRU initiatives over the past decade, including the President’s Strategic Initiatives Fund and the Scientific Enrichment Opportunity program, which provides research and mentorship opportunities for high school students interested in biomedical science and health care careers. Their latest gift is intended to expand access and opportunities, particularly for underserved communities.

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“Everybody deserves a fair shake,” Bashein said. “And nothing is more important than basic health needs. Healthcare in our community is so vital, and we felt this was such a critical priority.” The endowment will provide institute leaders and faculty with flexibility to respond to changing community needs and opportunities over time. “I hope this gift continues to draw attention to how vital this mission is,” Bashein said. “If it helps generate more momentum and more support for improving health outcomes in our community, that would be incredibly meaningful.”

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20 CLEVELAND JEWISH NEWS | CJN.ORG | AUGUST 21, 2026

NYC man charged with federal hate crimes for attack at Central Synagogue JESSICA RUSSAK-HOFFMAN | JNS

Bronx, N.Y., man faces federal hate crime charges after allegedly assaulting a Jewish congregant and a black security guard during Shabbat services at Central Synagogue in Manhattan, the U.S. Justice Department announced on Aug. 18. Larry Montes, 46, was charged with two hate crime counts and one count of damaging religious property resulting in bodily injury. According to a federal complaint, Montes began shouting during an Aug. 14 Shabbat service attended by about 375 people and damaged two ceremonial candlesticks. When security personnel attempted to remove him, he allegedly punched a female congregant. “Jewish Americans should never have to choose between exercising our constitutional right to worship and protecting ourselves from antisemitic violence,” Jayne Zirkle, communications director for the Lawfare Project, told JNS. “We welcome these federal charges and the commitment to hold those responsible accountable under the law,” Zirkle said.

“Jewish Americans, like all Americans, are entitled to equal protection and to gather, worship and live openly without fear of being targeted because of our identity.” An attack on Jews in synagogue is “an attack on the American principle that every person has the right to worship freely and safely,” she told JNS. “The right to worship without fear is not a privilege. It is a constitutional freedom and a cornerstone of American life,” she said. “Protecting it is a responsibility we all share.” Prosecutors said that Montes directed an anti-Black slur at a Black security guard, spat in his face and headbutted him near his left eye. Montes also allegedly threatened to return to the synagogue. During a recorded interview after his arrest, Montes said, “f--k the Jews” and “it’s racial,” according to the complaint. He also said, “I will never affiliate with no filthy f**king synagogues, either here or in f--king Israel,” the complaint states. He also allegedly described his conduct as “all religious motivated.” He faces up to 40 years in prison for the three charges and remains in state custody and is expected to appear later in the U.S.

A man identifed in the blue shirt as Larry Montes, is taken out of Central Synagogue in Manhatten on Aug. 18 by synagogue security. | Screenshot District Court for the Southern District of New York. The New York City Police Department previously told JNS that he faced 14 charges, including six hate crimes. Specifically, he faced four counts of hate crime assault, two counts of assault, criminal mischief as a hate crime, criminal mischief, disrupting a religious service, criminal trespass as a hate crime, two counts of aggravated harassment and two counts of harassment, the NYPD

said. “I understand the sanctity of this space and its meaning for congregants,” added Jessica Tisch, commissioner of the NYPD, who is Jewish. “Central Synagogue is where I grew up. In joy and in sorrow, it has always been a place of comfort and peace. What happened there tonight is deeply painful. A place of worship should never be a crime scene.”

Judge dismisses Trump administration lawsuit alleging antisemitism at Harvard University COLLIN BINKLEY | ASSOCIATED PRESS WASHINGTON – A federal judge in Boston on Aug. 13 dismissed a Trump administration lawsuit that accused Harvard University of turning a blind eye to harassment of Jewish students. The decision from U.S. District Judge Richard G. Stearns said that President Donald Trump’s administration failed to prove an ongoing violation of federal civil rights laws. The judge said the lawsuit, filed in March, mostly focuses on incidents that

took place in the 2023-24 academic year, with a few from March 2025. The cases were “too isolated and episodic” to prove a persistent civil rights violation at the Ivy League campus in Cambridge, Mass., the judge said. “We disagree with the ruling and are assessing next steps,” said Harmeet Dhillon, assistant attorney general for civil rights at the Department of Justice. Harvard did not immediately provide a comment on the decision. The lawsuit accused Harvard of failing

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to protect Jewish students during proPalestinian demonstrations that roiled the campus after Hamas’ Oct. 7, 2023, attacks on Israel. The Trump administration argued Harvard officials did nothing as Jewish students were “harassed, physically assaulted, stalked, and spat upon.” In a statement after the lawsuit was filed, Harvard said it “cares deeply about members of our Jewish and Israeli community and remains committed to ensuring they are embraced, respected, and can thrive on our campus.” Harvard President Alan M. Garber says the university formed a task force to combat antisemitism. The university also hired a new provost and new deans and reformed its discipline policies to make them “more consistent, fair and effective,” Garber has said. The government’s case sought to recover billions of dollars in federal research grants awarded to Harvard since October 2023. Trump officials argued they had a right to recoup the money under Title VI of the Civil Rights Act of 1964, a federal law barring discrimination based on race or national origin. The lawsuit is among several actions the

government has taken against Harvard since the Ivy League university refused a list of demands made by the White House after Trump, a Republican, returned to office last year. Trump officials have separately sought to cut Harvard’s research funding and limit its ability to enroll foreign students and U.S. military members. In a separate legal case last year, a federal judge ordered the Trump administration to reverse more than $2.6 billion in federal funding cuts to Harvard. That decision found that the White House put unconstitutional conditions on federal funding, using antisemitism as a “smokescreen for a targeted, ideologically-motivated assault” on universities. Despite their bitter dispute, Harvard and the Trump administration have held some negotiations, and Trump himself said the two sides had been close to reaching an agreement. But when the Justice Department filed this civil rights lawsuit in March, it pointed to an extraordinary impasse. When colleges are found in violation of federal civil rights law, they almost always reach compliance through voluntary agreements.