Education

  • J.D., Vanderbilt University Law School
  • B.A., University of South Carolina, Honors College

Bar Admissions

  • Tennessee

Selected Experience

  • Defense of prominent local politician in inter-related criminal, civil, administrative cases and campaign finance charges
  • Defense of subsidiary of publicly traded-company in breach of contract and trademark infringement action in federal district court and as appellee before the Sixth Circuit Court of Appeals
  • Representation of local construction company in breach of contract action in civil jury trial and resulting successful appeal before the Tennessee Court of Appeals
  • Defense of law firm in ERISA action in federal district court and as appellee before the Sixth Circuit Court of Appeals
  • Representation of publicly traded natural gas company in numerous condemnation actions
  • Defense of numerous personal injury lawsuits against governmental entity
  • Representation of tire manufacturing company in multiple actions to enforce non-competition agreements with executives
  • Representation of publicly traded natural gas utility in various matters before the Tennessee Public Utility Commission
  • Representation of private healthcare company in complex breach of contract and fraud action against electronic health records vendor
  • Representation of large tire manufacturer in litigation originating from the implementation of an SAP Enterprise Resource Planning Software
  • Representation of artists and record labels in trademark infringement, contract disputes, and other entertainment litigation matters
  • Defense of recreational vehicle manufacturer in product liability cases
  • Defense of executive on embezzlement charges and related proceedings affecting professional licensure
  • Representation of employee of political action committee in connection with federal investigation for campaign finance violations
  • Representation of university professor in breach of fiduciary duty action brought by prominent university in connection with the creation of lucrative software products

Honors & Awards

  • Best Lawyers: Ones to Watch®(Commercial Litigation 2022-25; Criminal Defense: White-Collar 2022-25; Eminent Domain and Condemnation 2024-25)
  • Mid-South Super Lawyers, Rising Starr (2025)

Professional Activities

  • Nashville Bar Association
  • Tennessee Bar Association
  • American Bar Association

Erik has a broad practice focused on complex civil, criminal, and administrative litigation. He represents both individuals and businesses in breach of contract, business torts, eminent domain, governmental liability, campaign finance, wrongful death and other catastrophic injury, False Claims Act, consumer protection, trademark, antitrust, entertainment litigation, and white collar criminal cases in state and federal court, as well as utility rate-making and professional discipline cases before a variety of administrative bodies.

Erik graduated from Vanderbilt University Law School, where he was elected to the Order of the Coif and served as a Managing Editor of the Vanderbilt Law Review. He received his undergraduate degree from the University of South Carolina Honors College, where he graduated summa cum laude.

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 […]