Education

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

Bar Admissions

  • Tennessee

Selected Experience

  • Representation of one of Nashville’s oldest companies in a lawsuit involving breach of employment agreements, misappropriation of trade secrets, and interference with business relations
  • Representation of 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.
  • Representation of 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
  • Representation of 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.
  • Representation of the sellers of a nationwide photocopy business in connection with claims involving alleged breach of an Asset Purchase Agreement
  • Defense of an international law firm in a lawsuit alleging claims of professional malpractice and breach of contract
  • Representation of a large manufacturer of industrial equipment in a lawsuit involving alleged environmental contamination and breach of contract
  • Representation of one of the largest real estate development companies in California in claims involving alleged breach of contract
  • Representation of majority shareholders of a privately-held, high-tech company in a lawsuit involving claims of breach of a Shareholder Agreement
  • Representation of the minority owner of a medical device company in a lawsuit involving a claim of breach of fiduciary duty
  • Representation of a manufacturer of oil field pipeline equipment in a product liability case involving alleged product defects
  • Defense of a regional accounting firm in a lawsuit involving claim of professional malpractice and breach of fiduciary duty
  • Defense of a Fortune 100 company in a series of intellectual property cases relating to the company’s building automation and energy management technology
  • Representation of a major oil company in a series of high-profile product liability cases involving the alleged releases of the gasoline oxygenate MTBE

Honors & Awards

  • Best Lawyers in America®(Commercial Litigation 2024-25)
  • Mid-South Super Lawyers (Business Litigation 2024-25)

Publications

  • False Marking Claims: The New Threat to Business, Intellectual Property & Technology Law Journal (August 2010)
  • Video Game Developers Ignore Patents at Their Peril, National Law Journal (January 2010)
  • Lucent v. Gateway: Federal Circuit Provides Guidance on Patent Damages Issues, Intellectual Property & Technology Law Journal (February 2010)
  • Reducing Malpractice Risk Through Effective Client Screening Techniques, The National Public Accountant (1996)
  • Employee Embezzlement: Methods of Avoiding Liability in Business Management Engagements, Verdict (1996)
  • Government's Denigration of Religion: Is God the Victim of Discrimination in Our Public Schools?, Pepperdine Law Review (1994)
  • Smith v. Regents of the University of California: Can Mandatory Student Fees be Used to Support Political or Ideological Activities?, Pepperdine Law Review (1993)

Professional Activities

  • Co-chair, Nashville Bar Association Federal Court’s Committee (2017-present)
  • Member, Nashville Bar Association Chancery Court Committee (2017-present)
  • Harry Phillips American Inn of Court

Civic Activities

  • Board of Directors, Matthew 25, Inc., a homeless veterans shelter (2019-present)

Michael has been a trial attorney for nearly thirty 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, LLP, where he served as head of his office’s intellectual property litigation practice group and 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. He also graduated magna cum laude from Pepperdine University School of Law, where he served as the Lead Articles Editor for the Pepperdine Law Review.

Recent News

Best Law Firms Recognizes Sims|Funk in Five Categories

Sims|Funk has received three top tier rankings in the 17th Edition (2027) of U.S. News – Best Lawyers “Best Law Firms.” Tier 1 “Bet-the-Company” Litigation Tier 1 Commercial Litigation Tier 1 Criminal Defense: White-Collar Tier 1 Litigation- Securities Tier 3 Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Firms are recognized for professional […]

Schott Selected for NBF Leadership Forum Class of 2027

Sims|Funk attorney Cole Schott is one of a select group of 21 attorneys participating in the Nashville Bar Foundation Leadership Forum (NBFLF). This program, designed for attorneys in their first three to eight years of practice, focuses on developing leadership skills and addressing local legal and community issues through monthly workshops and activities. The NBFLF […]

Eleven Sims|Funk Attorneys Recognized as Best Lawyers

Eleven Sims|Funk attorneys have been recognized in the 2027 edition of The Best Lawyers in America®.  Notably, Samuel P. Funk has been named the 2027 “Lawyer of the Year” in Trade Secrets Law for Nashville, one of the highest individual honors Best Lawyers® bestows, given to only one lawyer per practice area, per metro region. […]

Sims|Funk Recognized in 2026 Chambers USA Rankings

Once again, Sims|Funk has been recognized in the 2026 Chambers USA Guide for Litigation: General Commercial — with Samuel Funk and W. Scott Sims each ranked Band 1, the highest distinction awarded. This recognition carries special weight because it reflects the voices of our clients and peers. Chambers described our team as “highly professional, knowledgeable […]

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 […]