Samuel P. Funk

(615) 454-2072

sfunk@simsfunk.com

EDUCATION

  •  J.D., University of Maryland
  •  B.A., Wake Forest University

BAR ADMISSIONS

  •  Tennessee
  •  Maryland
  •  District of Columbia Bar

HONORS/AWARDS

  • Benchmark Litigation “Local Litigation Star” (2013-15)
  • Woodward/White: The Best Lawyers In America (Commercial Litigation; Litigation-Securities; Trade Secret Law) (2008-18)
  • Woodward/White: The Best Lawyers In America Lawyer of the Year (Litigation-Securities 2014; Trade Secret Law 2016)
  • Selected for inclusion in Super Lawyers (Business Litigation 2009-16; Rising Star 2008)
  • Chambers USA: America’s Leading Lawyers for Business (Commercial Litigation 2010-17)
  • Fellow – Litigation Counsel of America
  • Nashville Emerging Leader Award (Legal Services 2010)
  • Nashville Business Journal 40 Under 40 (2009)
  • Metropolitan Council Outstanding Service to the International Community (2003)

Sam’s practice includes a wide range of commercial disputes in state and federal courts, before administrative agencies and in all forms of alternative dispute resolution. For more than 20 years, he has represented individuals and businesses in a variety of matters including those involving complex business disputes; breach of contract; business torts; non-competition/confidentiality agreements and theft of trade secrets; securities/financial services claims; shareholder and other corporate governance disputes and estate/trust matters. He regularly advises clients regarding litigation avoidance and assessment, often in the context of a contemplated transaction.

Sam graduated with honors from Wake Forest University and cum laude from the University of Maryland School of Law, where he was a member of the Moot Court Board and served as senior managing editor for the Maryland Journal of International Law and Trade. He is admitted to practice in Tennessee, Maryland and the District of Columbia.

SELECTED EXPERIENCE

  • Representation of various businesses and individuals in matters involving corporate control, their respective rights under certain buy-sell agreements and other “business divorce” matters.
  • Representation of employers, prospective employers and employees in matters involving covenants not to compete, trade secret claims, breach of fiduciary duty claims and the like.
  • Representation of a medical device manufacturer against a competitor regarding claims of false advertising under the Lanham Act and otherwise.
  • Representation of financial advisors and other professionals in connection with claims by state and federal regulators concerning their business practices, licensing issues and other matters.
  • Representation of the sellers of a logistics business in defense of post-closing misrepresentation claims following the sale of its stock to a publicly-traded company.
  • Representation of a Political Action Committee (PAC) in defense of a claim of defamation brought by a candidate for public office.
  • Representation of a hospital in pursuit of claims of misrepresentation and breach of contract against an insurance company following the failure of a physician-hospital organization created by the parties.
  • Representation brokerage firm in defense of a claim of unauthorized trading by the ex-spouse of a customer.
  • Representation a brokerage firm in defense of a FINRA customer claim alleging failure to supervise and other claims following a significant loss in the customer’s account.
  • Representation a financial institution in defense of a claim of embezzlement by the employee of one of its customers.
  • Representation an automobile parts manufacturer in defense of claims of tortious interference brought by a higher-tiered supplier.
  • Representation of a regional hospital in defense of breach of contract claims brought by a terminated physician group.
  • Representation of the owner of a hotel against the architect and general contractor following the discovery of mold in a newly-constructed hotel.
  • Representation of a large Nashville law firm against a former client in pursuant of a significant unpaid fee and in defense of claims of malpractice.
  • Representation of various lawyers and law firms regarding ethical and legal issues arising out of practice divorce situations.

PROFESSIONAL ACTIVITIES

  • Member of the Nashville Bar Association (Board Member 2016-present)
  • Member of the Tennessee, Maryland, District of Columbia and American Bar Associations
  • American Bar Foundation Fellow
  • Nashville Bar Foundation Fellow
  • Past chair and member of Nashville Bar Association’s Ethics and Professionalism Committee
  • Past member of Tennessee Bar Association’s Civil Rules Subcommittee of the Special Committee to Study Federal Local Rules
  • Inaugural member of the Tennessee Bar Association Leadership Law program

CIVIC ACTIVITIES

  • Amazima Ministries (Director 2016-present)
  • The Oak Hill School (Trustee 2008-14; Vice Chairman 2010; Board Chair 2011-13)
  • First Presbyterian Church Nashville (Elder 2011-14; Deacon 2004-07; Stewardship Committee Chair 2006)
  • Leadership Nashville (Class of 2009)
  • Second Harvest Food Bank of Middle Tennessee (Board Member 2000-09; Board Chair 2006-07)
  • International Justice Mission (legal mission trips to India 2002, Kenya 2005 & Thailand 2008)
  • Young Leaders Council (Board Member 2003-06)
  • Wake Forest University (Alumni Council 1999-2002)
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