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 (2013-21)
  • 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

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 […]

Best Law Firms Recognizes Sims|Funk

Sims|Funk has received a Tier 1 ranking for Commercial Litigation in the 12th Edition (2022) of U.S. News – Best Lawyers “Best Law Firms.” In addition, the firm was highly ranked among its peers for Litigation-Securities and Bet-the-Company Litigation. Firms are recognized for professional excellence with ratings from clients and peers. To be eligible for […]

Schuette Named a Fellow of the Nashville Bar Foundation

Gil Schuette 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 […]

Benchmark Litigation names Sims|Funk a “Highly Recommended” firm; Sam Funk and Scott Sims named “Local Litigation Stars.”

Benchmark Litigation has again named Sims|Funk a “Highly Recommended” firm in Tennessee and has recognized Sam Funk and Scott Sims as “Local Litigation Stars” in the area of Securities and Commercial 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 […]