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
  • Defense of a former bank director in FDIC D&O liability action.
  • Defense 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 (2020-21 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 (2020-21)
  • 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

Funk and Sims Selected for NBJ Best of the Bar

Samuel Funk and W. Scott Sims have been selected for inclusion in the Nashville Business Journal 2021 Best of the Bar in the areas of Litigation and Dispute Resolution. Once nominated to Best of the Bar, lawyers are voted on by their peers with weight given to votes received from outside their firm.

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 […]