The settlement of a recent lawsuit between Legal Sea Foods Chief Executive Roger Berkowitz and real estate magnate Ken Himmel includes a donation to Brandeis. A dispute between the two Boston executives erupted in June over problems at a Legal restaurant at the CityPlace retail center in West Palm Beach, Fla.As reported in the August 26 edition of the Justice, the spat began in May after Berkowitz complained that his restaurant was being overrun by movie goers from an adjacent theater. Berkowitz claimed that inner-city teenagers were impeding on his restaurant at the upscale shopping center, resulting in a 15 percent drop in revenue.

Himmel - who also owns the posh Copley Place shopping center - initially responded to these charges by stating that many other restaurants at CityPlace were performing adequately in spite of Berkowitz' concern. The dispute turned personal when Himmel told a Boston Globe columnist that the quality of the food and service at the CityPlace outlet "does not compare favorably" with Berkowitz' other restaurants.

On June 30, Berkowitz filed a defamation suit before the U.S. District Court in West Palm Beach. Although the suit was quickly resolved out of court, the exact details of the decision were not entirely clear until recently, although Berkowitz - a longtime Brandeis supporter -stipulated over the summer that Brandeis receive a portion of the settlement.

Himmel spokesperson Carey O'Donnell told the Justice yesterday the suit was formally settled last week, securing donations from Himmel to both Brandeis' International Business School and another institution.

Brandeis has not received the contribution yet though, according to Vice President of Development Myles Weisenberg '78.

"We have not received a gift yet, but I still think it's the same amount I told the Justice last month," Weisenberg said. The Business School's Director of Development Michael Appell was not available for comment.

"There will be $20,000 for Brandeis at Mr. Berkowitz' suggestion," O'Donnell said. The other institution is the Rinker School of Business at Palm Beach Atlantic University. Himmel told the Boston Herald on Sept. 10 that he had already sent a check to Palm Beach Atlantic. O'Donnell put that figure also at $20,000.

Berkowitz' relationship with Brandeis goes back many years. At one point, he owned the University President's residence in Newton. He currently sits on the board of the Business School and was intent on donating his legal winnings to Brandeis.

O'Donnell also told the Justice, conditions for Legal at CityPlace have improved in recent weeks.

"There are new systems in place that will funnel people out of the movies away from the restaurant," O'Donnell said. She also said that Himmel and Berkowitz have settled their personal dispute and are now "on great terms" and that the two will work together to advance business at CityPlace.

Himmel also told the Herald earlier this month, "it's sort of unfortunate the communication took place as it did. When we finally got together and spoke it became clear to both of us that we both have the same objectives we're trying to accomplish."

However, Berkowitz is said to remain cautious of the atmosphere at the high-end shopping center becoming downscale. His original complaint included concerns that newer, less expensive restaurants were degrading CityPlace. There is a growing suspicion, according to the Herald, that a Macy's department store will leave the retail center and be replaced by discount retailer Target.

In addition to the academic donations, the settlement between Berkowitz and Himmel included legal fees and a public apology. The apology took place at a press conference in Boston on Sept. 9.