Mark W. Lenihan

Mark W. Lenihan

(615) 425-7430
mlenihan@simsfunk.com

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 numerous individuals and companies in investigations conducted by the Department of Justice, Securities and Exchange Commission, Federal Trade Commission, Commodity Futures Trading Commission, state attorneys general, and other regulatory bodies
  • 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 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 (2017-21)

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

Funk and Sims Recognized by Chambers 2022

Once again, Chambers USA recognized Sam Funk and Scott Sims as leading lawyers in Tennessee. The firm was also recognized as one of the top commercial litigation firms in Tennessee. Chambers USA is a leading directory of lawyers and law firms. Chambers bases its annual rankings on in-depth market analysis and independent research.

Funk and Fox Present Non-Compete and Trade Secrets CLE

Sam Funk and Grace Fox recently presented a CLE for the Nashville Bar Association entitled, “Developments Within Non-Compete and Trade Secrets.”  During it, they discussed issues concerning noncompete, non-solicitation, and confidentiality agreements. They also discussed the implications of an important recent opinion from the Tennessee Court of Appeals, captioned HCTec Partners, LLC v. Crawford, et […]

Peal Named a Fellow of the Nashville Bar Foundation

Rob Peal recently received the designation of Fellow from the Nashville Bar Foundation. The Nashville Bar Foundation’s Fellows Program was established as a way for the bar to honor its colleagues who have contributed significantly to the community. Fellows are selected by their peers, and each class is limited to 2% of the bar in […]

O’Neill and Fox Receive NBA Awards

Michael O’Neill and Grace Fox recently received awards from the Nashville Bar Association. O’Neill received the NBA President’s Award. This award is given to individuals who have demonstrated extraordinary service, leadership, and dedication to the NBA. Specifically, O’Neill was recognized for his work on the NBA’s Notable Trial Court Opinion newsletter. Fox received the President’s […]

Super Lawyers recognizes Sims|Funk attorneys as top-rated in Nashville

Mid-South Super Lawyers has recognized several Sims|Funk attorneys in its list of top lawyers for 2021. Sam Funk and Scott Sims have been named to its top 50 lawyers in Nashville and its top 100 lawyers in Tennessee. Rob Peal has been named a Super Lawyer for 2021. Gil Schuette, Mark Donnell, Mark Lenihan, and […]