Education

  • J.D., Vanderbilt University Law School
  • B.S., Vanderbilt University

Bar Admissions

  • Tennessee

Selected Experience

  • Representation of the seller in post-closing dispute over ownership and operation of oil and natural gas field in East Tennessee
  • Representation of the buyer in post-closing litigation involving a cable system in East Tennessee
  • Representation of a purchaser of distressed debt in several actions to foreclose on commercial property and pursue deficiency actions against guarantors
  • Defenses of a former bank director in FDIC D&O liability action.
  • Defenses of a bank in a shareholder dispute arising from a merger
  • Representation of numerous business owners in “business divorces” and other disputes with partners
  • Advised numerous employers and employees in a variety of industries regarding non-compete, non-solicitation and trade secret matters.
  • Representation of commercial property owners in negotiations and disputes with tenants, buyers, and sellers
  • Representation of commercial property owners in eminent domain, inverse condemnation, boundary line and adverse possession disputes
  • Representation of a property owner in dispute over ownership of large tract in West Tennessee involving several complex property law issues
  • Representation of petitioning creditors and unsecured creditors’ committee in large commercial bankruptcy cases
  • Representation of creditors in bankruptcy court, enforcement of foreign judgment proceedings, and post-judgment collection matters
  • Representation of owners and contractors in construction disputes involving mechanics’ liens and other issues

Honors & Awards

  • Mid-South Super Lawyers, Rising Star (2013-2019)
  • Best Lawyers – Ones to Watch (2021)
  • Nashville Bar Journal, Article of the Year, “Civil Lawyers in a Criminal World: Gideon v. Wainwright and Training with the Public Defender” (2012)

Professional Activities

  • Adjunct Professor of Law, Vanderbilt University Law School (2020-2021 academic year)
  • Nashville Bar Foundation Leadership Forum (Class of 2016)
  • Nashville Emerging Leaders (Class of 2017)
  • Nashville Institute for Faith & Work, Gotham Program (Class of 2019)
  • Nashville Bar Association
  • Tennessee Bar Association
  • American Bar Association

Civic Activities

  • Board Member, Our Kids Center (2020-2021)
  • Christ Presbyterian Church (Member)

Mark focuses his practice on business litigation in state and federal courts, arbitrations, and administrative hearings. He represents companies and individuals in a wide range of matters, including breach of contract, post-closing claims, breach of fiduciary duty, fraud and other business torts, non-competition agreements and theft of trade secrets, and shareholder and corporate governance disputes. Mark also assists parties in bankruptcy proceedings, commercial foreclosures, receivership actions, and post-judgment collection efforts.

Mark received his undergraduate degree from Vanderbilt University. He was a two-year captain of the men’s golf team and a Cleveland Golf All-America Scholar. Mark also earned his law degree from Vanderbilt University, where he was an Associate Justice on the Moot Court Board and a member of the Editorial Board of the Vanderbilt Journal of Entertainment and Technology Law.

Recent News

Sims|Funk Attorneys Rob Peal and Evan Rothey Present Oral Arguments before the Tennessee Court of Appeals at Belmont University College of Law

On March 22, 2024, Sims Funk attorneys Rob Peal and Evan Rothey presented oral arguments before the Tennessee Court of Appeals at Belmont University College of Law.  According to Judge Clement, the case was selected for presentation before the law school “based on the interesting issues and the attorneys’ reputation as effective advocates.”  The case, […]

Sims|Funk Relocates

We are pleased to announce that Sims|Funk has relocated to a new office space located a 3102 West End Avenue, Suite 1100, Nashville, TN 37203. We look forward to serving you at our new location! For your convenience, our contact information remains the same.

Sims|Funk added to the Nashville Business Journal's "Largest Law Firms in Nashville" list for 2024

Sims Funk, PLC was featured in the Nashville Business Journal’s “Largest Law Firms in Nashville” list for 2024. This list ranks offices in Middle Tennessee by number of local attorneys.  Follow Sims Funk, PLC on LinkedIn for news, informative content, firm announcements, and more!

Nashville Business Journal includes Beau Creson in Top 40 under 40

The Nashville Business Journal’s 40 Under 40 is an annual recognition of 40 high-preforming professionals under the age of 40 who will be the face of future leadership in Nashville. Beau Creson was selected for the 2024 iteration of this prestigious list, which spotlights local achievements and professional performance. In addition to this award, Beau’s […]

Sims|Funk Prevails On Important Issue of First Impression

Scott Sims recently secured victory for the largest credit union in the Mid-South in a dispute with the Tennessee Department of Financial Institutions as to whether Tennessee law permits a federal credit union to purchase all or substantially all of the assets of a Tennessee-chartered bank. The Chancery Court for Davidson County granted summary judgment […]