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 2022-26; Criminal Defense: White-Collar 2022-26; Eminent Domain and Condemnation 2024-26)
  • 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

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 […]