Michael R. O’Neill

Michael R. O’Neill

(615) 425-7432
moneill@simsfunk.com

Education

  • J.D., Pepperdine University School of Law
  • B.A., Rutgers University

Bar Admissions

  • Tennessee

Selected Experience

  • Representation of one of Nashville’s oldest companies in a lawsuit involving breach of employment agreements, misappropriation of trade secrets, and interference with business relations
  • Representation of majority owners of a Nashville LLC in a lawsuit involving claims of breach of fiduciary duty and usurpation of business opportunity
  • Tried the first bench trial in the Davidson County Business Court on behalf of the owner of a Nashville restaurant in a case involving breach of operating agreement, breach of fiduciary duty, and ownership of intellectual property rights.
  • Representation of designers of high-tech audio equipment in a lawsuit involving claims of breach of asset purchase agreement, fraud, and violation of the Tennessee Consumer Protection Act
  • Representation of health maintenance organizations in multiple lawsuits involving claims of alleged antitrust violations and unfair competition
  • Represented one of the world’s largest LED lighting companies in a case involving claims of alleged misappropriation of trade secrets and unfair competition.
  • Representation of the sellers of a nationwide photocopy business in connection with claims involving alleged breach of an Asset Purchase Agreement
  • Defense of an international law firm in a lawsuit alleging claims of professional malpractice and breach of contract
  • Representation of a large manufacturer of industrial equipment in a lawsuit involving alleged environmental contamination and breach of contract
  • Representation of one of the largest real estate development companies in California in claims involving alleged breach of contract
  • Representation of majority shareholders of a privately-held, high-tech company in a lawsuit involving claims of breach of a Shareholder Agreement
  • Representation of the minority owner of a medical device company in a lawsuit involving a claim of breach of fiduciary duty
  • Representation of a manufacturer of oil field pipeline equipment in a product liability case involving alleged product defects
  • Defense of a regional accounting firm in a lawsuit involving claim of professional malpractice and breach of fiduciary duty
  • Defense of a Fortune 100 company in a series of intellectual property cases relating to the company’s building automation and energy management technology
  • Representation of a major oil company in a series of high-profile product liability cases involving the alleged releases of the gasoline oxygenate MTBE

Honors & Awards

  • Best Lawyers in America®(Commercial Litigation 2024-25)
  • Mid-South Super Lawyers (Business Litigation 2024-25)

Publications

  • False Marking Claims: The New Threat to Business, Intellectual Property & Technology Law Journal (August 2010)
  • Video Game Developers Ignore Patents at Their Peril, National Law Journal (January 2010)
  • Lucent v. Gateway: Federal Circuit Provides Guidance on Patent Damages Issues, Intellectual Property & Technology Law Journal (February 2010)
  • Reducing Malpractice Risk Through Effective Client Screening Techniques, The National Public Accountant (1996)
  • Employee Embezzlement: Methods of Avoiding Liability in Business Management Engagements, Verdict (1996)
  • Government's Denigration of Religion: Is God the Victim of Discrimination in Our Public Schools?, Pepperdine Law Review (1994)
  • Smith v. Regents of the University of California: Can Mandatory Student Fees be Used to Support Political or Ideological Activities?, Pepperdine Law Review (1993)

Professional Activities

  • Co-chair, Nashville Bar Association Federal Court’s Committee (2017-present)
  • Member, Nashville Bar Association Chancery Court Committee (2017-present)
  • Harry Phillips American Inn of Court

Civic Activities

  • Board of Directors, Matthew 25, Inc., a homeless veterans shelter (2019-present)

Michael has been a trial attorney for nearly thirty years and has represented clients from individuals to Fortune 100 companies in complex civil matters in both state and federal courts. He has represented clients in a wide range of matters, including breach of contract, breach of fiduciary duty, business torts, business governance disputes, business “divorces,” misappropriation of trade secrets, breach of non-competition and other restrictive employment covenants, patent infringement, and professional liability. Throughout his career, Michael has been a frequent lecturer and guest speaker on issues such as trial practice, professional ethics, litigation avoidance, discovery, and calculating damages in complex cases.

Earlier in his career, Michael was a partner at the international law firm of McDermott, Will & Emery, LLP, where he served as head of his office’s intellectual property litigation practice group and on the firm’s associate development and recruiting committees. While at McDermott, Michael led litigation teams in multi-million-dollar cases that were venued throughout the country.

Michael graduated with honors from Rutgers University with a degree in accounting. He also graduated magna cum laude from Pepperdine University School of Law, where he served as the Lead Articles Editor for the Pepperdine Law Review.

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 […]