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OVERVIEW

Scott N. Godes
Partner

Washington, D.C.

1717 Pennsylvania Avenue N.W.
Suite 500
Washington, D.C. 20006-4623

P 202-408-6928

F 202-289-1330

OVERVIEW

Scott N. Godes
Partner

Washington, D.C.

1717 Pennsylvania Avenue N.W.
Suite 500
Washington, D.C. 20006-4623

P 202-408-6928

F 202-289-1330

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.

OVERVIEW

Scott N. Godes Partner

Washington, D.C.

1717 Pennsylvania Avenue N.W.
Suite 500
Washington, D.C. 20006-4623

P : 202-408-6928

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

Honors

The Best Lawyers in America, 2017-2019
    
EXPERIENCE
  • A Barnes & Thornburg attorney represented a debtor in a successful resolution of a 524(g) asbestos bankruptcy including resolution of all disputed insurance coverage. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a global media corporation in a case involving insurance coverage for claims against company concerning software product. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a multi-media company in a jury trial regarding coverage under directors & officers liability policy for amounts paid by an insured toward securities litigation in which the insured's Chair/CEO and CFO were found liable for securities fraud; the case settled on the third day of trial with settlement disclosed in the company’s public disclosures. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented an asbestos industry trust with regard to insurance coverage for asbestos non-product claims that resulted in a unanimous decision vacating an arbitration award in favor of major insurance company and an ultimate settlement of $449 million. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented an international food processor/distributor in recovering contingent business interruption, extra expense, and additional first-party coverage for losses resulting from Hurricane Katrina. The matter settled with the final insurer minutes before opening statements at the trial. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented several health insurance entities in litigation to obtain insurance coverage for RICO class actions. Obtained significant rulings regarding discovery, summary judgment rulings applying estoppel and public policy, and a significant ruling regarding the recovery of attorneys’ fees under a surplus lines policy. The matter settled on the eve of trial. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney served as a key member of a litigation team that represented one of the Big Three automobile manufacturers in a complex insurance recovery litigation to establish coverage for product liability claims arising from insurer’s denial of coverage. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney was appointed special insurance coverage counsel to a Jesuit organization, as debtor, relating to liabilities for underlying allegations of clergy abuse. In 2011, the bankruptcy court approved settlements of almost $120 million between the debtor and its historical insurance companies. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney was counsel in a class action case regarding the application of insurance coverage for 20,000 tort claimants with asbestos-related bodily injury claims pending against the Robert A. Keasbey Company (“Keasbey”). Keasbey was a defunct entity, leaving the defendant class as the real defendants in the action that CNA brought to terminate its insurance obligations. Scott Godes represented the defendant class from the answer and counterclaims through trial to protect the insurance interests. The case, worth an estimated more than $100M, included a four month bench trial regarding trigger of coverage, number of occurrences, products/non-products (premises/operations), waiver, estoppel, course of performance, course of dealings, notice, and wrap up coverage, among other issues. The trial resulted in a successful verdict for the defendant class. Continental Casualty Co. v. Employers Insurance Co. of Wausau, 16 Misc. 3d 223 (N.Y. Sup. Ct. 2007). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney was the lead counsel in an insurance coverage action regarding a complex construction accident claim. Attorney’s client won a summary judgment ruling that there was a duty to defend the additional insured’s contractual indemnity obligations to a third party. (*This matter occurred prior to joining Barnes & Thornburg.)
  • In 2010, a member of Barnes & Thornburg’s Policyholder Insurance Recovery and Counseling Practice Group worked on a multi-jurisdiction, multi-forum dispute involving bankruptcy of a company that purchased a client’s division, dozens of personal injury actions, contractual indemnity obligations, and insurance and additional insured status. A global industrial services company had sold a division to a major product supplier, and there were indemnity agreements and additional insured obligations. Scott Godes was insurance counsel to the seller in the dispute. The client successfully defeated a forum dispute between Delaware state court and Alabama federal court, advised on the insurance coverage issues relating to the purchaser’s bankruptcy and attorney client’s rights as a creditor and additional insured, and litigated the question of additional insured coverage for both company’s policies. The attorney’s client was successful in protecting its rights in the bankruptcy, won the forum fight, and defeated the insurer’s summary judgment efforts in the Alabama action. There was a confidential settlement achieved shortly thereafter. (*This matter occurred prior to joining Barnes & Thornburg.)
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