Samuel P. Funk

Member

p. (615) 742-4567
f. (615) 742-4539
sfunk@sherrardroe.com
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Sam Funk’s business litigation practice includes a wide range of commercial disputes in state and federal courts, before administrative agencies and in all forms of alternative dispute resolution.  He represents individuals and businesses in a variety of matters including those involving complex business disputes; business torts; non-competition/confidentiality agreements and theft of trade secrets; securities claims; shareholder and other corporate governance disputes; and construction cases.  He regularly advises clients regarding litigation avoidance and assessment, often in the context of a contemplated transaction.

Mr. Funk graduated with honors from Wake Forest University and cum laude from the University of Maryland School of Law, where he was a member of the Moot Court Board and served as senior managing editor for the Maryland Journal of International Law and Trade.  He is admitted to practice in Tennessee, Maryland and the District of Columbia.

Selected Experience

• Represented various businesses and business owners in connection with claims against other company owners and officers concerning control of the business, their respective rights under certain buy-sell agreements and other "business divorce" matters.
• Represented numerous companies, employees, executives and physicians with regard to their respective rights and obligations concerning covenants not to compete, trade secret claims and the like. 
• Represented numerous financial advisors and other professions in connection with claims by state and federal regulators concerning their business practices, licensing issues and other matters.
• Represented the sellers of a logistics business in defense of misrepresentation claims following the sale of its stock to a publicly-traded company.
• Represented the sellers of a trucking company in defense of misrepresentation claims following the sale of its assets to a private equity firm.
• Represented a hospital in pursuit of claims of misrepresentation and breach of contract against an insurance company following the failure of a physician-hospital organization created by the parties.
• Represented a brokerage firm in defense of a claim of unauthorized trading by the ex-spouse of a customer.
• Represented a brokerage firm in defense of a FINRA customer claim alleging failure to supervise and other claims following a significant loss in the customer's account.
• Represented a brokerage firm in defense of a claim of embezzlement by the employee of one of its customers.
• Represented an automobile parts manufacturer in defense of claims of tortious interference brought by a higher-tiered supplier.
• Represented a regional hospital in defense of breach of contract claims brought by a terminated physician group.
• Represented a wholesale insurance brokerage firm in defense of claims of negligence arising out of the placement of an insurance policy for a trucking firm.
• Represented the owner of a hotel against the architect and general contractor following the discovery of mold in a newly-constructed hotel.
• Represented a large Nashville law firm against a former client in pursuant of a significant unpaid fee and in defense of claims of malpractice.

Professional Activities

• Member of the Nashville, Tennessee and American Bar Associations
• 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 Oak Hill School (Trustee 2008-present; Vice Chairman 2010-2011; Board Chair 2011-present)
• First Presbyterian Church Nashville (Elder 2011-present; Deacon 2004-07; Stewardship Committee Chair 2006)
• Leadership Nashville (2008-09)
• Second Harvest Food Bank of Middle Tennessee (Board Member 2000-09; Board Chair 2006-07)
• International Justice Mission (legal mission trips to India 2002, Kenya 2005 & Thailand 2008)
• Young Leaders Council (Board Member 2003-06)
• Wake Forest University (Alumni Council 1999-2002)