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 LLC members and other closely-held business owners in internal disputes and business “divorces”
  • Representation of employers and employees in non-compete 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
  • Defense of Am Law 100 and 200 firms in legal malpractice actions arising out of complex business and commercial disputes
  • 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 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 Florida hospital
  • 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
  • Defense of trailer manufacturing company owner against copyright infringement and fraud claims
  • Representation of foreign insurance market in domestication and enforcement of English judgments against Tennessee investors
  • Defense of local teaching hospital and other healthcare providers in medical malpractice lawsuits
  • Representation of commercial real estate owners in eminent domain proceedings
  • Defense of property owners in wrongful death action arising from drowning of minor
  • Defense of international shipping company in lawsuits arising out of tractor-trailer collisions

Honors & Awards

  • Best Lawyers in America (Bet-The-Company Litigation 2015-21; Commercial Litigation 2012-21)
  • Top 100 Lawyers in Mid-South (Mid-South Super Lawyers 2015-2020)
  • Top 50 Lawyers in Nashville (Mid-South Super Lawyers 2017-2020)
  • Mid-South Super Lawyers (Business Litigation 2011-20)
  • “AV” Rating by Martindale-Hubbell
  • Nashville Business Journal Best of Bar (2018-21)
  • Chambers USA: America’s Leading Lawyers for Business (Commercial Litigation, 2010-21)
  • Benchmark Litigation “Local Litigation Star” (2013-21)

Professional Activities

  • Nashville Bar Association (President, 2008; President-Elect/Chair of Executive Director Search Committee, 2007; Director, 2004-07)
  • Tennessee Judicial Nominating Commission (2009-13)
  • Governor’s Commission for Judicial Appointments (2013-14)
  • Tennessee Advisory Commission on The Rules of Practice and Procedure (2018-present)
  • Tennessee Commission on Continuing Legal Education and Specialization (2015-17)
  • Tennessee Bar Association (Middle Tennessee Governor, 2016-17)
  • Tennessee Bar Association Leadership Law program (Inaugural Class Member, 2004; Steering Committee Member, 2013-16)
  • Tennessee Board of Professional Responsibility (Hearing Committee Member, 2009-12)
  • Tennessee Bar Association Young Lawyers Division (Middle Tennessee Governor, 2003)
  • Nashville Bar Association Young Lawyers Division (President, 2002; Director, 1997-02)
  • Harry Phillips American Inn of Court (Barrister, 2008-12)

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, 2009-12)
  • YMCA Community Action Project (Y-CAP) (Director, 1999-2003; “We Build People” Campaign Chair, 2002)
  • Young Life (Volunteer Leader, 1988-91 (Downers Grove, IL))

Scott is a trial lawyer with more than two decades of experience representing clients in complex civil matters in state and federal courts, before administrative agencies, 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, business torts, governance disputes, business “divorces,” misappropriation of trade secrets, breach of non-competition and other restrictive employment covenants, insurance coverage disputes, professional liability, financial services and banking disputes, real estate disputes, and personal injury.

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 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 […]