Education

  • J.D., Vanderbilt University Law School
  • B.S., Vanderbilt University

Bar Admissions

  • Tennessee

Selected Experience

  • Representation of the seller in post-closing dispute over ownership and operation of oil and natural gas field in East Tennessee
  • Representation of the buyer in post-closing litigation involving a cable system in East Tennessee
  • Representation of a purchaser of distressed debt in several actions to foreclose on commercial property and pursue deficiency actions against guarantors
  • Defenses of a former bank director in FDIC D&O liability action.
  • Defenses of a bank in a shareholder dispute arising from a merger
  • Representation of numerous business owners in “business divorces” and other disputes with partners
  • Advised numerous employers and employees in a variety of industries regarding non-compete, non-solicitation and trade secret matters.
  • Representation of commercial property owners in negotiations and disputes with tenants, buyers, and sellers
  • Representation of commercial property owners in eminent domain, inverse condemnation, boundary line and adverse possession disputes
  • Representation of a property owner in dispute over ownership of large tract in West Tennessee involving several complex property law issues
  • Representation of petitioning creditors and unsecured creditors’ committee in large commercial bankruptcy cases
  • Representation of creditors in bankruptcy court, enforcement of foreign judgment proceedings, and post-judgment collection matters
  • Representation of owners and contractors in construction disputes involving mechanics’ liens and other issues

Honors & Awards

  • Mid-South Super Lawyers (2025)
  • Mid-South Super Lawyers, Rising Star (2013-2023)
  • Best Lawyers – Ones to Watch® (2021-24), Best Lawyers in America® - Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation (2025)
  • Nashville Bar Journal, Article of the Year, “Civil Lawyers in a Criminal World: Gideon v. Wainwright and Training with the Public Defender” (2012)

Professional Activities

  • Adjunct Professor of Law, Vanderbilt University Law School (2020-2021 academic year)
  • Nashville Bar Foundation Leadership Forum (Class of 2016)
  • Nashville Emerging Leaders (Class of 2017)
  • Nashville Institute for Faith & Work, Gotham Program (Class of 2019)
  • Nashville Bar Association
  • Tennessee Bar Association
  • American Bar Association

Civic Activities

  • Board Member, Our Kids Center (2020-2021)
  • Christ Presbyterian Church (Member)

Mark focuses his practice on business litigation in state and federal courts, arbitrations, and administrative hearings. He represents companies and individuals in a wide range of matters, including breach of contract, post-closing claims, breach of fiduciary duty, fraud and other business torts, non-competition agreements and theft of trade secrets, and shareholder and corporate governance disputes. Mark also assists parties in bankruptcy proceedings, commercial foreclosures, receivership actions, and post-judgment collection efforts.

Mark received his undergraduate degree from Vanderbilt University. He was a two-year captain of the men’s golf team and a Cleveland Golf All-America Scholar. Mark also earned his law degree from Vanderbilt University, where he was an Associate Justice on the Moot Court Board and a member of the Editorial Board of the Vanderbilt Journal of Entertainment and Technology Law.

Recent News

Sims|Funk Successfully Defends Am Law 100 Firm

The United States Circuit Court for the Sixth Circuit recently affirmed summary judgment obtained by Sims|Funk attorneys Scott Sims, Michael O’Neill and Erik Lybeck in a legal malpractice action against an Am Law 100 firm where the “case within the case” involved complex breach of fiduciary duty claims under Delaware law.  This win continues Sims|Funk’s […]

Rob Peal and Evan Rothey Secure Court of Appeals Victory in Tennessee Anti-SLAPP Case for Singer-Songwriter Blessing Offor

Rob Peal and Evan Rothey recently secured a published victory in the Tennessee Court of Appeals in a case interpreting the Tennessee Public Participation Act (TPPA).  The Court affirmed dismissal of an anti-SLAPP petition filed against our client, recording artist and songwriter Blessing Offor. The decision holds that private commercial communications asserting ownership of intellectual […]

Sims|Funk Shortlisted for Tennessee Firm of the Year by Benchmark Litigation

Sims|Funk has been shortlisted for Tennessee Firm of the Year by Benchmark Litigation as part of its 2026 U.S. Awards. Benchmark Litigation is a litigation-focused legal research publication that evaluates firms based on peer review, client feedback, and recent case work. The Tennessee Firm of the Year shortlist recognizes firms demonstrating sustained excellence in complex […]

Sims|Funk adds Grace Peck to the Firm

Grace has experience representing individuals, businesses, healthcare entities, and entertainment professionals in complex litigation matters in state and federal courts. She has handled a broad range of disputes, including those involving contracts, trusts and estates, business torts, intellectual property, insurance reimbursement, and other commercial matters.  Grace earned her law degree, magna cum laude, from Belmont University […]

Creson Elected to serve as NBA President-Elect

Sims|Funk attorney Beau Creson has been elected to serve as the President-Elect of the Nashville Bar Association in 2026.  He will begin his term in 2027. Founded in 1831, the NBA is one of the oldest and most active metropolitan bar associations in Tennessee. With a membership of more than 2,600 attorneys, the NBA is […]