The Office of the General Counsel is comprised of a team of attorneys and support staff which provides responsive, timely and accurate legal advice and counsel for the benefit of the University of South Florida and its related direct-support organizations. We are committed to USF's strategic vision and goals. We remain dedicated to excellence, professionalism, fairness, ethics and diversity.
Attorneys in the Office of General Counsel combine many years of professional legal experience and provide legal advice regarding many topics of interest to a complex research university including the following specialized areas of practice: Business/Corporate; Labor & Employment; Healthcare; Litigation; Administrative Hearings; Civil Rights; Contracts (e.g. Research, Purchasing, Affiliation Agreements); Athletics & NCAA Compliance; Ethics & Conflict of Interest; Open Government (i.e. Sunshine Law and Public Records Act); Sponsored Research Issues; Intellectual Property; General Liability and Rulemaking & Regulation Development.
In addition to our dedicated areas of legal practice we coordinate responses to court orders and assist our client in responding to subpoenas and requests for the production of public records. We also respond to claims and petitions for declaratory statements; provide interpretations and advice regarding statutory provisions and regulations; represent the University in the gamut of judicial and administrative forums; render formal legal opinions as appropriate; and assist with the training and education of USF faculty and staff regarding matters of legal interest.
We represent our institutional client, the University of South Florida Board of Trustees a public body corporate, and ensure the provision of responsive, timely, and accurate legal advice to its component units and various Direct Support Organizations. In that capacity our attorneys advise the Board of Trustees, USF Executive Leadership, Faculty, Staff and sometimes Students, all in their official capacities regarding a variety of legal issues impacting the University.
Where can students seek legal assistance for non-USF concerns?
Legal Aid on Campus at CTR 240; (813) 974-5012
What should I do if I am contacted by an outside attorney or investigator?
Please contact the Office of the General Counsel at (813) 974-2131, fax (813) 974-5236, or e-mail at usflegal@admin.usf.edu. If we are unable to assist, you will be referred to an appropriate resource.
I received a legal document relating to USF business, what should I do?
If you are served with any court papers or if you receive letters from an attorney, due to required response times, immediately contact the Office of the General Counsel at (831) 974-2131, or fax us at (831) 974-5236.
I received a summons relating to USF business, what should I do?
If you are served with a summons, because of required response times, immediately contact the Office of the General Counsel at (831) 974-2131, or fax us at (831) 974-5236 for review and advice.
What do I do when I receive a notice of claim?
If you receive a Notice of Claim/Suit (a letter indicating you may be a defendant in a medical malpractice lawsuit) or are named personally as a defendant in a lawsuit, contact Risk Management (Candy Hodgson, 974-8008) immediately.
What do I do if I am served with a subpoena relating to USF business?
Fax the subpoena (a document from a court case telling you to appear to testify at court or at a deposition) to the Office of the General Counsel at (831) 974-5236 or contact OGC at (831) 974-2131. (See PowerPoint presentation on OGC Client Services webpage.)
What is a subpoena for trial?
A subpoena for trial instructs you to appear at a courtroom for a case before a judge. You must attend unless excused by the issuer of the subpoena or the judge. If you do not appear as directed, you may receive a Motion for Contempt and be commanded to appear before the judge to explain. Read the subpoena instructions and contact the Witness Center or issuer.
What is a subpoena for deposition?
A deposition is your testimony or answers to questions asked by an attorney, given under oath before a court reporter.
What if I cannot attend on the date or at the scheduled location?
Contact the issuer of the subpoena (see the signature block on the subpoena) to coordinate another date. You may also ask for a change of location. Call one or two days before the deposition to confirm the location and time.
Will an attorney go with me to the deposition?
A USF attorney can discuss deposition procedure with you to prepare you for the deposition. If the case is a lawsuit against USF, an attorney will attend the deposition with you.
What does duces tecum mean?
A subpoena duces tecum directs you to bring or mail the records to the deposition. Do not release any medical records or other confidential records until you receive advice from the OGC relating to confidentiality issues. If you cannot bring/locate records, tell the issuer.
What if the subpoena asks for “super confidential” information
(genetic, HIV, substance abuse, mental health records)?
Written authorization or a court order must be present before release of “super-confidential” information. Contact the Office of the General Counsel if you have questions. A patient or a patient’s legal representative/guardian/parent may authorize the release of super confidential information.
I just received a public records request. What should I do?
Tell your supervisor and if any assistance is needed, contact the Office of the General Counsel for handling or review at (831) 974-2131, fax (831) 974-5236 or e-mail at usflegal@admin.usf.edu
I have a question about the legality of something I am doing or have been asked to do at USF; who should I contact?
You may contact the Office of the General Counsel at (813) 974-2131, fax (813) 974-5236, or e-mail at usflegal@admin.usf.edu. If we are unable to assist, you will be referred to an appropriate resource.
What is the difference between a University regulation/rule and a University policy?
Regulations/rules or policies, are statements of general applicability that guide the conduct or procedure of USF students, employees or visitors to campus. Regulations/rules must be consistent with law and the resolutions and strategic plan of the Board of Governors. Policies must have the approval of the Provost or Vice President and the President. Both adoption procedures provide for public comment and input.
Does the General Counsel assist students in filing student complaints/grievances or in student administration such as transcript requests, residency issues or grade changes?
No, however, there are procedures and administrative resources referenced in the USF Catalogs.
What is Intellectual Property?
Intellectual Property is a product of the mind or intellect. The owners have certain
exclusive rights to their property. Intellectual property laws protect those rights.
What products are protected under intellectual property laws?
Intellectual property laws prohibited others from reproduction, misappropriation and theft of trademarks, patents, trade secrets and copyrights.
What are patents?
Patents are granted by the U.S. Patent and Trademark Office to inventors of novel or unique products or processes. Products, inventions or discoveries are protected. Others are prohibited from making, using, selling or importing the products during the term of the patent—20 years from the date filed.
What are Trademarks?
Trademarks are unique words, names, symbols, or devices used to distinguish goods or services from that of others and are granted by the U.S. Patent and Trademark Office to persons in commerce. Trademarks cannot be used on competitive products. Trademark protection lasts as long as the owner uses the trademark.
What are Trade secrets?
Trade secrets are granted to companies and individuals to protect confidential information (including a formula, pattern, compilation, program, device, method, technique, or process) that would be valuable to others if disclosed, such as soft drink formulas, customer lists, restaurant recipes. Protection is granted by applicable state and federal laws (Uniform Trade Secrets Act) and lasts as long as the owner takes precautions to preserve the information as secret.
What is a Copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship. Copyright covers both published and unpublished works. (See PowerPoint presentation on OGC Client Services webpage.)
What types of works are protected by copyright?
Literary works; dramatic works; musical works & words, pantomimes, choreographic works, artistic (pictorial, graphic, and sculptural) works, motion pictures, audiovisual works, sound recordings, architectural works.
When are copyrights protected?
Federal copyright law (Title 17 of the U.S. Code – the Copyright Act) protects original works of authorship fixed in a tangible medium including but not limited to books, articles and other written material whether it is published or not. It also protects music, movies, photographs paintings and software. The author or creator of the work owns the copyright. The author or creator may transfer ownership to another person or entity, in which case, that person or entity is considered the owner. The owner of a copyright has the exclusive right to control how the work is used, distributed and displayed.
How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
How do I apply for a law clerk position?
From time to time the Office of the General Counsel accepts applications for a temporary law clerk position. Please direct resumes/vitas to: usflegal@admin.usf.edu.