Education

  • J.D., Washington & Lee University Law School
  • B.S., Washington & Lee University

Bar Admissions

  • Tennessee
  • District of Columbia

Clerkships

  • William H. Rehnquist, Chief Justice of the United States Supreme Court
  • Robert R. Merhige, Jr., United States District Court for the Eastern District of Virginia

Selected Experience

  • Representation of a company in protracted litigation in federal district court in Tennessee, including as co-lead trial counsel, to protect its trade secrets following theft by a former employee.
  • Representation of maker of durable medical equipment in False Claims Act Qui Tam litigation involving U.S. Attorney in Nashville and DOJ Civil Fraud Section in Washington.
  • Representation of Tennessee-based health care provider in responding to simultaneous federal and state grand jury subpoenas and law enforcement investigations arising from operations across the U.S.
  • Representation of German performance car maker in diesel emissions litigation in Tennessee Chancery Court and Court of Appeals.
  • Representation of maker of hardware products in product liability litigation in Tennessee.
  • Representation of agricultural trade association in Prop 65 litigation in California; in GMO litigation in federal district court in St. Louis; and in state Open Records Act litigation in Arkansas trial and Supreme Court. Served as outside General Counsel to association.
  • Representation of clients in internal investigations and negotiations with agencies, law enforcement, elected officials, insurance carriers, and plaintiff lawyers arising from catastrophic industrial accidents and worker fatalities in Tennessee, around the U.S., and overseas.
  • Representation of clients in numerous enforcement matters brought by Tennessee OSHA.
  • Representation of individuals and companies in grand jury investigations and responding to subpoenas in federal and state courts and before agencies in Tennessee and throughout the United States in matters involving healthcare, automotive, and energy industries among others.
  • Representation of individuals and companies in investigations and prosecutions involving joint participation of US Attorneys’ Offices and Main Justice Criminal Fraud Section.
  • Representation and counseling for clients related to active shooter incidents at grocery stores, health care facilities, and factories.
  • Representation of oil and gas industry associations in challenges to federal agency final rules in the U.S. Court of Appeals for the D.C. Circuit.
  • Representation of major pharmaceutical company in sovereign immunity litigation in the U.S. Court of Appeals for the D.C. Circuit.
  • Representation of Big Three automaker in asbestos case in U.S. Court of Appeals for the Sixth Circuit and in civil Rico litigation including appeal in the U.S. Court of Appeals for the Third Circuit.
  • Representation of developer of solid waste landfill in constitutional Commerce Clause litigation in federal district court in Georgia.
  • Representation of Superfund defendants in constitutional preemption litigation with insurance carrier in the U.S. Court of Appeals for the Eleventh Circuit.
  • Representation of major medical device maker in FOIA litigation in federal court in San Francisco.
  • Representation of Superfund defendant in Administrative Due Process challenge to EPA order.
  • Representation of paper company in toxic tort litigation at trial and state Supreme Court levels in Mississippi.
  • Representation of Spanish manufacturer of wind turbine units in warranty dispute.
  • Representation of publicly traded and private equity clients in dozens of U.S. and international M&A due diligence projects involving environmental health and safety and other regulatory diligence issues.

Honors & Awards

  • Deputy Chair of Chambers-ranked Crisis Management Practice (2022)
  • Best Lawyers in America (Environmental Litigation 2016 – 2022)
  • Pro Bono Award (2015 – 2020)
  • Legal 500 – Product Liability Litigation (2008-2009)
  • Bridgestone/Firestone CEO/Chairman’s Award (1994, 1995, 1999)

Professional Activities

  • Harry Phillips American Inn of Court – Master emeritus
  • Adjunct Professor of Environmental Law, Vanderbilt University Law School
  • Founder and Dissertation Committee Member – Bridgestone/Firestone PhD Fellowship in Environmental Management Studies, Vanderbilt University, Institute of Public Policy (1995 – 2006)
  • Member (for OSHA issues) – COVID 19 Task Force for Client and Firm Advice (2020-2022)

Civic Activities

  • Former Board Member, Vice President, and President – Friends of Radnor Lake
  • Former Board Chair – Wilderness Leadership & Learning (Washington, D.C.)
  • Leadership Nashville

Jim is a seasoned litigator and regulatory advisor with more than 35 years of experience having served as inhouse counsel with a Tennessee-based multi-national corporation, United States Attorney (Chief Federal Prosecutor) in Nashville, and most recently, as a partner with an AM Law 25 law firm where he helped lead the Crisis Management Practice Team and led the Incident Response group. He began his career as a certified public accountant.

Jim has an active practice representing clients in matters involving federal and state court civil litigation, white collar criminal enforcement, internal investigations, governance and compliance assessment, crisis management and catastrophic incident response, environmental, health and safety, state and federal regulatory matters, business disputes, constitutional and administrative litigation, appellate litigation, and securities disclosure. Jim’s work in recent years has involved clients in a variety of industries including durable manufacturing, health care, finance, renewable and conventional energy, chemicals, foundries, national retail chains, U.S. and European automotive manufacturing and suppliers. His clients are public companies, private equity firms, family and other closely held companies, and financial institutions. He also has extensive experience working with court appointed monitors and auditors required under consent resolutions of federal and state enforcement actions. Jim has advised clients on compliance, criminal, regulatory, and transactional disputes in more than 20 foreign countries including in Southeast Asia and Australia, Central and South America, North Africa and the Middle East, Europe, and Eurasia.

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 […]