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.

Recent News

Lenihan receives "Enterprise Award" from NBA YLD

Mark Lenihan recently received the Enterprise Award from the Young Lawyer’s Division of the Nashville Bar Association.  This award is given to a member of the YLD who has advanced the charitable purposes of the NBA through a new initiative, program, or activity.  Specifically, Lenihan was recognized for his work organizing the first-ever virtual Race Judicata […]

Funk presents noncompete CLE with U.S. District Court Judge Campbell

United States District Court Judge William L. Campbell and Sam Funk recently presented a CLE for the Federal Courts Committee of the Nashville Bar Association entitled, “Noncompete Agreements in the Era of Remote Working.”  During it, they discussed issues concerning noncompete, non-solicitation and confidentiality agreements as well as trade secret law in the context of […]

Best Lawyers recognizes Sims|Funk

Sims|Funk has received a Tier 1 ranking for Commercial Litigation in the 11th Edition (2021) of U.S. News – Best Lawyers “Best Law Firms.”  In addition, the firm was ranked among its peers for Litigation-Securities and Bet-the-Company Litigation. Best Lawyers is based upon a comprehensive peer review survey in which leading attorneys vote on the […]

Benchmark Litigation ranks Sims|Funk a “Highly Recommended” firm; Funk and Sims each named “Local Litigation Stars.”

Benchmark Litigation has named Sims|Funk a “Highly Recommended” firm in Tennessee and has recognized Sam Funk and Scott Sims as “Local Litigation Stars” in the areas of commercial litigation and securities litigation. Benchmark exclusively covers the litigation market in the US and around the world.  It bills itself as “the definitive guide to America’s leading […]

Funk, Sims & Peal recognized as Best Lawyers

Sam Funk, Scott Sims and Rob Peal have been selected by their peers for inclusion in the 27th Edition of The Best Lawyers in America©.  Funk was recognized for his work in Commercial Litigation, Litigation – Securities and Trade Secrets Law.  Sims and Peal were recognized for their work in Commercial Litigation and Bet-the-Company Litigation.