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 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” (2013-20)
  • Woodward/White: The Best Lawyers in America (Commercial Litigation; Litigation-Securities; Trade Secret Law) (2008-20)
  • 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, 2010-20)
  • Nashville Business Journal Best of Bar (2018-20)
  • 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

Fox Selected for NBA Leadership Forum

Grace Fox has been selected to participate in the Nashville Bar Association’s Leadership Forum, which “provides a select group . . . of attorneys . . . with a unique setting to develop leadership skills through monthly workshops and activities focusing on local legal and community issues.”

Fox Selected for Young Leaders Council

Grace Fox has been selected to participate in the Spring 2020 class for the Young Leaders Council. YLC trains professionals between the ages of 25-40 to serve on the boards of nonprofit organizations. The training is followed by a one-year internship with a community agency, serving as a non-voting member of a working board. Sam […]

Funk, Sims & Peal recognized as Best Lawyers

Sam Funk, Scott Sims and Rob Peal have been selected by their peers for inclusion in the 27th Edition of The Best Lawyers in America©.  Funk was recognized for his work in Commercial Litigation, Litigation – Securities and Trade Secrets Law.  Sims and Peal were recognized for their work in Commercial Litigation and Bet-the-Company Litigation.

Super Lawyers recognizes Sims|Funk attorneys as top-rated in Nashville

Mid-South Super Lawyers has recognized Scott Sims, Sam Funk and Rob Peal in its list of top lawyers for 2020. Additionally, Gil Schuette, Mark Donnell, Mark Lenihan and Grace Fox have been named “Rising Stars.” Super Lawyers is an exclusive list of top-rated attorneys who are selected after thorough evaluation of numerous criteria, including peer […]

Nashville Business Journal Recognizes Funk and Sims as 2020 Best of the Bar

Sam Funk and Scott Sims have been selected for inclusion in the Nashville Business Journal’s 2020 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.