W. Scott Sims

W. Scott Sims

(615) 454-2053
ssims@simsfunk.com

Education

  • J.D., University of Tennessee
  • B.A., Wheaton College

Bar Admissions

  • Tennessee

Clerkship

  • Hon. Harry W. Wellford (Ret.), United States Court of Appeals for the Sixth Circuit

Selected Experience

  • Defense of partner in $100 million real estate development venture against former partner’s claims of fraud, breach of representations and warranties, breach of fiduciary duty, and securities violations
  • Representation of local international airport in trespass and other claims against leading national car sharing business
  • Defense of Am Law 100 and 200 firms in legal malpractice actions arising out of complex underlying business and commercial disputes
  • Defense of publicly-traded bank against alleged violations of the Defend Trade Secrets Act of 2016 (DTSA) and other claims
  • Representation of largest credit union in the Mid-South in dispute with Tennessee Department of Financial Institutions concerning an issue of first impression under Tennessee law (i.e., whether a federal credit union is permitted to purchase all or substantially all of the assets of a state-chartered bank)
  • Defense of product manufacturer against eight-figure indemnification claim by retailer
  • Representation of LLC members and other closely-held business owners in internal disputes and business “divorces”
  • Representation of employers and employees in non-competition, non-solicitation and trade secrets litigation in healthcare, financial services, accounting, entertainment, commercial equipment leasing, IT staffing, and other industries
  • Representation of minority shareholders in dissenters’ rights/oppression actions
  • Representation of businesses and individuals in prosecution and defense of defamation claims
  • Representation of owners, buyers, and sellers of commercial and residential real estate in contract and other property-related disputes
  • Representation of commercial landlords and tenants in lease disputes
  • Representation of consortium of private equity firms in accounting malpractice claim against portfolio company auditors
  • Defense of director and officer of affiliated insurance companies against negligence and breach of fiduciary claims stemming from fraud scheme by company insider
  • Representation of national healthcare company in breach of contract action following sale of hospitals in Florida
  • Representation of anesthesiologist in breach of fiduciary duty action against former chief manager of practice group
  • Defense of commercial landfill owner against odor and particulate nuisance claims and attacks on validity of solid waste permit
  • Representation of British insurance market in domestication and enforcement of foreign judgments against local investors
  • Representation of commercial real estate owners in eminent domain proceedings

Honors & Awards

  • Best Lawyers in America (Bet-The-Company Litigation 2015-2022; Commercial Litigation 2012-2022)
  • Top 100 Lawyers in Mid-South (Mid-South Super Lawyers 2015-2022)
  • Top 50 Lawyers in Nashville (Mid-South Super Lawyers 2017-2022)
  • Mid-South Super Lawyers (Business Litigation 2011-2022)
  • “AV” Rating by Martindale-Hubbell
  • Nashville Business Journal Best of Bar (2018-2022)
  • Chambers USA: America’s Leading Lawyers for Business (Commercial Litigation, 2010-2022)
  • Benchmark Litigation “Local Litigation Star” (2013-2022)

Professional Activities

  • Nashville Bar Association (President, 2008; President-Elect/Chair of Executive Director Search Committee, 2007; Director, 2004-2007)
  • Tennessee Judicial Nominating Commission (2009-2013)
  • Governor’s Commission for Judicial Appointments (2013-2014)
  • Tennessee Advisory Commission on The Rules of Practice and Procedure (2018-present)
  • Tennessee Commission on Continuing Legal Education and Specialization (2015-2017)
  • Tennessee Bar Association (Middle Tennessee Governor, 2016-2017)
  • Tennessee Bar Association Leadership Law program (Inaugural Class Member, 2004; Steering Committee Member, 2013-2016)
  • Tennessee Board of Professional Responsibility (Hearing Committee Member, 2009-2012)
  • Tennessee Bar Association Young Lawyers Division (Middle Tennessee Governor, 2003)
  • Nashville Bar Association Young Lawyers Division (President, 2002; Director, 1997-2002)
  • Harry Phillips American Inn of Court (Barrister, 2008-2012)

Civic Activities

  • West End Community Church (Elder, 2010-present; Capital Campaign Chair, 2011; Member, 2005-present)
  • African Transformational Leadership (Board Vice-Chair, 2013-present)
  • Court Appointed Special Advocates (CASA) (Director, 2009-2012)
  • YMCA Community Action Project (Y-CAP) (Director, 1999-2003; “We Build People” Campaign Chair, 2002)
  • Young Life (Volunteer Leader, 1988-1991 (Downers Grove, IL))

Scott is a trial lawyer with nearly three decades of experience representing clients in complex civil matters in state and federal courts and in arbitration and other forms of alternative dispute resolution. He represents individuals and businesses of all sizes in a diverse array of matters, including breach of contract, breach of fiduciary duty, interference with contracts and business relationships, fraud, governance disputes, business “divorces,” misappropriation of trade secrets, breach of restrictive employment covenants, insurance coverage disputes, professional liability, financial services and banking disputes, and real estate disputes.

Scott is also a Tennessee Supreme Court Rule 31 Listed Mediator.  Scott believes that the design, flexibility and favorable cost structure of mediation often make it the superior path for resolving disputes.  As a result, Scott is an active and energetic mediator who works tenaciously to help the parties reach agreement in every case.

Scott graduated summa cum laude from the University of Tennessee College of Law, where he was elected to the Order of the Coif and was a member of the editorial board of the Tennessee Law Review. After completing a federal appellate clerkship, Scott joined one of the largest law firms in Tennessee. In 2000, Scott helped start a litigation boutique in which he was a partner for more than a decade prior to forming Sims|Funk.

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 […]