Scott N. Godes is a veteran trial lawyer with experience in insurance coverage matters and technology issues. 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, 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. In the 2017 edition, Mr. Godes was 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 data breaches and cyber security issues; 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; flood claims; and class actions.
In addition to his insurance coverage experience, Mr. Godes has litigated complex commercial and government contract disputes and business-related torts. 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 has represented clients before state and federal courts, in administrative proceedings and in commercial arbitrations. 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 (1994).