Mark W. Lenihan

Education

J.D., DePaul University College of Law
B.A., Rockhurst University

Bar Admissions

Tennessee
Illinois

Selected Experience

Defense of one of the largest law firms in the U.S. in eight-figure legal malpractice action
Representation of a multinational construction equipment manufacturer in a Section 1782 discovery action
Representation of a beverage consultant in breach of contract action against global restaurant holding company
Defense of orthopedic surgeons sued by former employer in breach of contract and business divorce action
Defense of healthcare consultants in breach of contract action brought by hospital system
Defense of corporate valuation firm in connection with claims made by bankruptcy trustee that firm provided fraudulent valuation opinions, breaking its fiduciary duty in the process.
Representation of healthcare system in merger trial against Federal Trade Commission and state regulatory body, including the investigation leading up to trial
Representation of numerous individuals and companies in investigations conducted by the Securities and Exchange Commission, Federal Election Commission, Federal Trade Commission, Commodity Futures Trading Commission, state attorneys general, and other regulatory bodies
Representation of national tool manufacturer in fraud and intellectual property matter
Defense of national mortgage company in two putative class actions alleging fraud and breach of contract
Defense of corporate valuation firm in connection with claims made by bankruptcy trustee that firm provided fraudulent valuation opinions, violating its fiduciary duty in the process

Honors & Awards

Mid-South Super Lawyers, Rising Star (2017-20)

Publications

Major League Soccer Scores an Own Goal: A Successful Joint Venture Attains Market Power in an International Sport, 62 Depaul L. Rev. 881 (2013)

Professional Activities

Nashville Bar Association Young Lawyers Division (Race Judicata Co-Chair, 2017-Present)
Young Leaders Council (Class 71)
Nashville Bar Foundation’s Leadership Forum (2018-19 Class)
Leadership Catholic, Catholic Business League (Class 3, 2019-20)

Civic Activities

Catholic Charities of Tennessee Board Member

Mark is a trial lawyer with experience in all aspects of litigation in federal and state courts, in addition to regulatory and white-collar criminal investigations. He represents clients in complex commercial matters in a variety of areas, including business torts, breach of contract, non-competition/confidentiality agreements and theft of trade secrets, class action defense, antitrust, and healthcare. Prior to joining Sims|Funk, Mark worked in the Chicago office of the international law firm Winston & Strawn LLP.

Mark graduated with honors from Rockhurst University and summa cum laude from DePaul University College of Law, where he served as the Managing Editor of Notes and Comments for the DePaul Law Review and was elected to the Order of the Coif.