Michael R. O’Neill

615-425-7432

moneill@simsfunk.com

EDUCATION

  •  J.D., Pepperdine University School of Law
  •  B.A., Rutgers University

BAR ADMISSIONS

  •  Tennessee
  •  California

Michael has been a trial attorney for over twenty years and has represented clients from individuals to Fortune 100 companies in complex civil matters in both state and federal courts. He has represented clients in a wide range of matters, including breach of contract, breach of fiduciary duty, business torts, business governance disputes, business “divorces,” misappropriation of trade secrets, breach of non-competition and other restrictive employment covenants, patent infringement, and professional liability. Throughout his career, Michael has been a frequent lecturer and guest speaker on issues such as trial practice, professional ethics, litigation avoidance, discovery, and calculating damages in complex cases.

Earlier in his career, Michael was a partner at the international law firm of McDermott, Will & Emery where he served as head of his office’s intellectual property litigation practice group and also served on the firm’s associate development and recruiting committees. While at McDermott, Michael led litigation teams in multi-million dollar cases that were venued throughout the country.

Michael graduated with honors from Rutgers University with a degree in accounting and also graduated magna cum laude from Pepperdine University School of Law where he served as the Lead Articles Editor for the Pepperdine Law Review. Michael is admitted to practice in both Tennessee and California.

Michael is currently a member of the Federal Courts Committee of the Nashville Bar Association.

SELECTED EXPERIENCE

  • Represents one of Nashville’s oldest companies in a lawsuit involving breach of employment agreements, misappropriation of trade secrets, and interference with business relations.
  • Represents majority owners of a Nashville LLC in a lawsuit involving claims of breach of fiduciary duty and usurpation of business opportunity.
  • Tried the first bench trial in the Davidson County Business Court on behalf of the owner of a Nashville restaurant in a case involving breach of operating agreement, breach of fiduciary duty, and ownership of intellectual property rights.
  • Represented designers of high-tech audio equipment in a lawsuit involving claims of breach of asset purchase agreement, fraud, and violation of the Tennessee Consumer Protection Act.
  • Represented health maintenance organizations in multiple lawsuits involving claims of alleged antitrust violations and unfair competition.
  • Represented one of the world’s largest LED lighting companies in a case involving claims of alleged misappropriation of trade secrets and unfair competition.
  • Represented the sellers of a nationwide photocopy business in connection with claims involving alleged breach of an Asset Purchase Agreement.
  • Defended an international law firm in a lawsuit alleging claims of professional malpractice and breach of contract.
  • Represented a large manufacturer of industrial equipment in a lawsuit involving alleged environmental contamination and breach of contract.
  • Represented one of the largest real estate development companies in California in claims involving alleged breach of contract.
  • Represented majority shareholders of a privately-held high-tech company in a lawsuit involving claims of breach of a Shareholder Agreement.
  • Represented the minority owner of a medical device company in a lawsuit involving a claim of breach of fiduciary duty.
  • Represented a manufacturer of oil field pipeline equipment in a product liability case involving alleged product defects.
  • Defended a regional accounting firm in a lawsuit involving claim of professional malpractice and breach of fiduciary duty.
  • Defended a Fortune 100 company in a series of intellectual property cases relating to the company’s building automation and energy management technology.
  • Represented a major oil company in a series of high profile product liability cases involving the alleged releases of the gasoline oxygenate MTBE.

PROFESSIONAL ACTIVITIES

  • Co-chair, Nashville Bar Association Federal Court’s Committee (2017-present)
  • Member, Nashville Bar Association Chancery Court Committee (2017-present)
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