Samuel P. Funk

Samuel P. Funk

(615) 454-2072
sfunk@simsfunk.com

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 special purpose acquisition company (SPAC)
  • 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” (2013-22)
  • Woodward/White: The Best Lawyers in America (Commercial Litigation; Litigation-Securities; Trade Secret Law) (2008-23)
  • Woodward/White: The Best Lawyers in America Lawyer of the Year (Litigation-Securities 2014; Trade Secret Law 2016, 2023)
  • Selected for inclusion in Mid-South Super Lawyers (Top 50 lawyers in Nashville 2018-22; Top 100 lawyers in Tennessee 2018-22; Business Litigation 2009-22)
  • Chambers USA: America’s Leading Lawyers for Business (Commercial Litigation, 2010-22)
  • Nashville Business Journal Best of Bar (2018-23)
  • Fellow – Litigation Counsel of America
  • "AV" Rating by Martindale-Hubbell
  • 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
  • Academy of Court-Appointed Neutrals (Member)
  • American Health Law Association
  • 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, 2016-2022)
  • Wake Forest University (Parents Council, 2018-2022; 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 more than 25 years, he has represented individuals and businesses in a variety of matters involving complex business disputes; healthcare; antitrust; 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. Sam has considerable experience as a neutral, serving as both an arbitrator in various matters and as a Special Master in federal court.  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 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 […]