Education

  • J.D., University of Maryland
  • B.A., Wake Forest University

Bar Admissions

  • Tennessee
  • Maryland
  • District of Columbia Bar

Selected Experience

  • Representation of various businesses and individuals in matters involving corporate control, securities matters, their respective rights under certain buy-sell agreements, and other “business divorce” matters
  • Representation of employers, prospective employers, and employees in matters involving covenants not to compete, trade secret claims, breach of fiduciary duty claims and the like
  • Representation of a company in a complex dispute with various former employees concerning, among other things, restrictive covenants, trade secrets, intellectual properties rights, securities claims, and other matters
  • Representation of a Fortune 100 company in a Section 1782 Action to obtain discovery for use in ongoing patent disputes in Europe
  • Representation of a medical device manufacturer against a publicly-traded competitor regarding claims of false advertising under the Lanham Act and otherwise
  • Representation of financial services firms, financial advisors, and other professionals in connection with claims by state and federal regulators concerning their business practices, licensing issues, and other matters
  • Representation of the sellers of a logistics business in defense of post-closing misrepresentation claims following the sale of its stock to a publicly-traded company
  • Representation of the sellers of certain medical technology in a license dispute with a publicly-traded company.
  • Representation of a Political Action Committee (PAC) in defense of a claim of defamation brought by a candidate for public office
  • Representation of a large hospital system against a publicly-traded insurance company for claims of misrepresentation and breach of contract following a failed physician-hospital organization
  • Representation of a brokerage firm in defense of claims of unauthorized trading, failure to supervise, and other claims following a significant loss in the customer’s account
  • Representation of financial institutions in matters involving embezzlement, theft, and fraud
  • Representation of an automobile parts manufacturer in defense of claims of tortious interference brought by a higher-tiered supplier
  • Representation of a regional hospital in defense of breach of contract claims brought by a terminated physician group
  • Representation of the owner of a hotel against the architect and general contractor following the discovery of mold in a newly-constructed hotel
  • Representation of a large Nashville law firm against a former client in pursuant of a significant unpaid fee and in defense of claims of malpractice
  • Representation of various lawyers and law firms regarding ethical and legal issues

Honors & Awards

  • Benchmark Litigation “Local Litigation Star” (2013-21)
  • Woodward/White: The Best Lawyers in America (Commercial Litigation; Litigation-Securities; Trade Secret Law) (2008-21)
  • Woodward/White: The Best Lawyers in America Lawyer of the Year (Litigation-Securities 2014; Trade Secret Law 2016)
  • Selected for inclusion in Mid-South Super Lawyers (Top 50 lawyers in Nashville 2018-20; Top 100 lawyers in Tennessee 2018-20; Business Litigation 2009-20)
  • Chambers USA: America’s Leading Lawyers for Business (Commercial Litigation, 2010-21)
  • Nashville Business Journal Best of Bar (2018-21)
  • Fellow – Litigation Counsel of America
  • Member – Trial Law Institute
  • Member – Diversity Law Institute
  • Nashville Emerging Leader Award (Legal Services 2010)
  • Nashville Business Journal 40 Under 40 (2009)
  • Metropolitan Council Outstanding Service to the International Community (2003)

Professional Activities

  • Nashville Bar Association (Board Member, 2016-19)
  • Member of the Tennessee, Maryland, District of Columbia, and American Bar Associations
  • American Bar Foundation Fellow
  • Nashville Bar Foundation Fellow
  • Past chair and member of Nashville Bar Association’s Ethics and Professionalism Committee
  • Past member of Tennessee Bar Association’s Civil Rules Subcommittee of the Special Committee to Study Federal Local Rules
  • Inaugural member of the Tennessee Bar Association Leadership Law program

Civic Activities

  • The Trinity Forum (Trustee, 2018-present)
  • Amazima Ministries. Inc. (Director, 2016-present)
  • Wake Forest University (Parents Council, 2018-present; Alumni Council, 1999-2002)
  • University of Virginia (Parents Fund Committee, 2020-present)
  • The Oak Hill School (Trustee, 2008-14; Vice Chairman, 2010; Board Chair, 2011-13)
  • First Presbyterian Church Nashville (Elder, 2011-14; Deacon, 2004-07; Stewardship Committee Chair, 2006)
  • Leadership Nashville (Class of 2009)
  • Second Harvest Food Bank of Middle Tennessee (Board Member, 2000-09; Board Chair, 2006-07)
  • International Justice Mission (Legal mission trips to India, Kenya, and Thailand)
  • Young Leaders Council (Board Member, 2003-06)

Sam’s practice involves a wide range of commercial disputes in state and federal courts, before administrative agencies and in all forms of alternative dispute resolution. For almost 25 years, he has represented individuals and businesses in a variety of matters involving complex business disputes, healthcare, breach of contract, business torts, non-competition and theft of trade secrets, securities/financial services claims, shareholder and other corporate governance disputes, insurance coverage, and estate/trust matters. He regularly advises clients regarding litigation avoidance and assessment, often in the context of a contemplated transaction.  In a recent publication of Chambers USA: America’s Leading Lawyers for Business, peers noted that Sam was “outstanding,” while others described him as “a great person and a great litigator.”

Recent News

Sims|Funk Lawyers Recognized as Best Lawyers

Sam Funk, Rob Peal, and Scott Sims have been selected by their peers for inclusion in the 28th Edition of The Best Lawyers in America©. Mark Donnell and Gil Schuette were selected by their peers for the 2nd Edition of Best Lawyers: Ones to Watch in America. Funk was recognized for his work in Commercial […]

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 […]