In and out of court, Scott Godes is a skilled advocate, litigator and trial lawyer in matters involving insurance coverage, technology and Section 337 of the Tariff Act before the International Trade Commission. Co-chair of the firm’s Data Security and Privacy practice, Scott has helped insureds recover more than $1 billion.
Scott is dedicated to helping his clients recover their insurance benefits. By taking on matters that are often difficult, complicated and untested, Scott works to design a creative, optimized path to problem solving that enhances their chances of recovery. Effective, thorough and practical, Scott is valued by clients and colleagues alike for his depth and breadth of knowledge and experience in insurance law, and for finding the right solution to each client’s distinct problem.
In one of his most significant matters, Scott served co-lead counsel in a landmark class action trial, the first case of its kind to determine that insurance coverage was available, without aggregate limits, for thousands of asbestos claims. In addition, Scott represents clients facing cybersecurity, data breach, cyberattack, privacy and other technology-related claims. He focused on insurance coverage for cybersecurity and privacy risks in 2008, allowing him to join his long-standing interest in technology with a new area of insurance. Since that time, he has litigated some of the few court cases regarding the scope of coverage available under cyber insurance policies, as well as coverage under other insurance policies for losses due to cyberattacks, privacy events, and wire and computer frauds.
Scott represents 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, network failures, advertising injury, libel, ransomware and personal injury claims.
Scott also advises clients about the insurance coverage issues related to Telephone Consumer Protection Act (TCPA), directors and officers, securities, errors and omissions, crime and fidelity, general liability and consumer class action claims. He has effectively navigated complex litigation involving business interruption, extra expense, contingent business interruption and first-party property claims, as well as computer data, hardware and software claims, mass tort liabilities, flood, product liability and asbestos claims. Moreover, Scott also advises on insurance coverage issues related to environmental property damage involving PCBs and underground storage tanks (UST).
In addition to his insurance coverage experience inside and outside the courtroom, Scott has significant trial experience on other matters. He served as trial counsel on the issues of whether a complainant established a “domestic industry” and public interest issues in a Section 337 investigation of the Tariff Act of 1930 before the ITC. His trial and appellate experience in court and before arbitrators and administrative law judges have involved federal government contract bid protest, security clearance revocation, prime and subcontractor dispute, discovery, breach of contract and property damage, and negligence.
Moreover, Scott has represented protesters and interveners in bid protests before the U.S. Government Accountability Office (GAO), U.S. Court of Federal Claims and the Superior Court of the District of Columbia. 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).
Scott edits the BT Policyholder Protection blog.
Prior to joining the firm, Scott served as in-house counsel to an internet company.
Professional and Community Involvement
Co-chair, American Bar Association Cyber Risk & Data Privacy Subcommittee of the Insurance Coverage Litigation Committee
Co-chair, American Bar Association Computer Technology Subcommittee of the Insurance Coverage Litigation Committee
Chambers USA, 2020
The Best Lawyers in America, 2017-2020
Washington, D.C., Super Lawyers, 2019-2020
Cybersecurity Docket, Incident Response 30 for 2020