Scott N. Godes is a veteran trial lawyer with experience litigating – in and out of trial – matters involving insurance coverage, technology and Section 337 of the Tariff Act before the International Trade Commission (ITC). He is a partner in Barnes & Thornburg LLP’s Washington, D.C., office and is a member of the firm’s Litigation Department, co-chair of the Data Security and Privacy Practice Group, and a member of the Insurance Recovery and Counseling Group, the Internet & Technology Law Group and the Federal Procurement Practice Group.
Mr. Godes has assisted a variety of clients over the years to obtain more than $1 billion in insurance coverage. In one of his most significant matters, he was co-lead counsel in a landmark class action trial. It was the first case of its kind to determine that insurance coverage was available, without aggregate limits, for thousands of asbestos claims. In addition, he represents clients facing cybersecurity, data breach, cyberattack, privacy and other technology-related claims. Mr. Godes has litigated one of the few court cases regarding the scope of coverage available under a cyberinsurance policy, resulting in favorable settlements for his client.
Mr. Godes serves as co-chair of the Cyber Risk & Data Privacy Subcommittee of the American Bar Association Section of Litigation Insurance Coverage Litigation Committee. He has also been a co-chair of the American Bar Association’s Computer Technology Subcommittee of the Insurance Coverage Litigation Committee. Mr. Godes edits the BT Policyholder Protection blog. Since 2017, Mr. Godes has been named on The Best Lawyers in America list for his work in insurance law.
He has represented policyholders in declaratory judgment, breach of contract, and bad faith insurance coverage actions, insurance-related bankruptcies and adversary actions, federal court receiverships, insurer rehabilitation actions, and commercial arbitrations. He has litigated and advised clients regarding insurance coverage for cyberattacks, data breaches, and cyber security issues; business email compromises and CEO fraud; advertising injury claims; personal injury and libel claims; ransomware claims; Telephone Consumer Protection Act (TCPA) claims; directors and officers and securities claims; errors and omissions claims; crime and fidelity claims; general liability claims; consumer class action claims; business interruption, extra expense, and contingent business interruption claims; first-party property claims; computer data, hardware, and software claims; mass tort liabilities; product liability claims; class actions; asbestos claims; environmental property damage involving PCBs and underground storage tanks (UST); flood claims; and class actions.
In addition to his insurance coverage experience, Mr. Godes has significant trial experience in several other areas. He has been trial counsel on the issues of whether a complainant established a “domestic industry” in a Section 337 investigation of the Tariff Act of 1930 before the ITC. His trial and appellate experience in courts, arbitrators, and administrative law judge proceedings have involved federal government contract bid protest, security clearance revocation, prime and subcontractor dispute, discovery, breach of contract, and property damage and negligence. He has represented protesters and intervenors in bid protests before the U.S. Government Accountability Office (GAO), U.S. Court of Federal Claims and D.C. Superior Court. He also has litigated disputes related to teaming agreements between federal contractors in arbitration and contract claims before the Armed Services Board of Contract Appeals (ASBCA). He also has served as in-house counsel to an Internet company.
Mr. Godes received a J.D., with honors, in 1998 from The George Washington University Law School, where he was managing editor for the Public Contract Law Journal and was a member of the Moot Court Board. He received his B.A., cum laude, from Middlebury College in 1994.