Evan S. Rothey

Evan S. Rothey

(615) 214-9668
erothey@simsfunk.com

Education

  • J.D., University of Tennessee College of Law
  • B.S., Penn State University

Bar Admissions

  • Tennessee

Clerkship

  • Hon. Pamela L. Reeves, United States District Court for the Eastern District of Tennessee

Selected Experience

  • Representation of government contractor in an antitrust and business tort action in connection with its procurement of $100+ million-dollar contract
  • Appellate representation of one of the largest law firms in the U.S. in eight-figure legal malpractice action
  • Defense of international petroleum products wholesaler in indemnity and contract litigation with national general merchandise retailer
  • Representation of prime contractors and subcontractors in mechanics lien and Prompt Pay Act matters
  • Advised business owners in the manufacturing, technology, and entertainment industries through ownership disputes and business divorce litigation
  • Representation of clients in Lanham Act and trademark litigation
  • Advised established tech startup in disputes with a competitor due to commercial disparagement and false representations contained in comparative advertising materials
  • Representation of individual and business property owners and tenants in various lease and sale disputes
  • Defense of property devisees in Tennessee Department of Environment and Conservation Underground Storage Tank Act enforcement action
  • Defense of communications services company in a Telephone Consumer Protection Act class action
  • Representation of residential contractor in commercial general liability insurance coverage action and related fraud and professional negligence action against insurance brokerage
  • Pro bono representation of indigent inmate in Sixth Circuit appeal of habeas matter

Honors & Awards

  • Nashville Bar Foundation Leadership Forum Graduate (Class of 2025)
  • Best Lawyers in America - Ones to Watch® (Commercial Litigation, 2025)
  • Tennessee Supreme Court “Attorney for Justice” Pro Bono Service Award (2024)
  • Mid-South Super Lawyers, Rising Star (2021-2025)

Publications

  • Anatomy of a Chapter 11 Case: The Friendly’s Ice Cream Bankruptcy, 28 No. 1 J. Bankr. L. & Prac. NL Art. 4 (2019)

Professional Activities

  • Nashville Bar Association Young Leaders Division (Secretary, 2025; Community Outreach Committee, 2022–2024)
  • Nashville Bar Association Young Lawyers Division (Community Outreach Committee, 2022–Present)
  • Tennessee Bar Association
  • Young Leaders Council (Class 80)

Civic Activities

  • Daystar Counseling Ministries, Inc. (Board Member, 2024-present; Young Leaders Council Board Intern, 2023-2024)
  • Nashville Navigators (Volunteer)
  • Midtown Fellowship Church (Member)

Evan represents clients in complex business litigation matters in state and federal courts. His practice involves a wide range of matters, including business and commercial disputes, construction matters, real estate disputes, antitrust and business tort claims, contract disputes, attorney discipline matters, insurance coverage disputes, white collar criminal matters, and more.

Prior to joining Sims|Funk, Evan served as a law clerk for Chief Judge Pamela L. Reeves of the United States District Court for the Eastern District of Tennessee.  Evan graduated summa cum laude from the University of Tennessee College of Law, where he was elected to the Order of the Coif.  He also served as an Executive Editor of the Tennessee Law Review, President of the Christian Legal Society, and received numerous awards, including the Chancellor’s Citation for Extraordinary Professional Promise.  Evan received his undergraduate degree in Finance from the Penn State Smeal College of Business, with minors in Economics and the Legal Environment of Business.

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 […]