In and out of court, Scott Godes is a skilled advocate, litigator and trial lawyer in matters involving insurance coverage. Co-chair of the firm’s Insurance Recovery and Counseling and Data Security and Privacy Groups, Scott has helped insureds recover more than $1 billion.
Scott is dedicated to helping corporate policyholders with insurance coverage issues. By taking on matters that are often difficult, complicated and untested – including two of the first cyberinsurance coverage cases in the country – 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.
Scott regularly represents clients facing insurance coverage issues arising out of ransomware, business email compromise, 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.
Early in his insurance coverage career, Scott served co-lead counsel in a landmark insurance coverage class action trial that spanned four months. It was the first trial of its kind leading to a decision that insurance coverage was available, without aggregate limits, for thousands of asbestos claims. In addition to that example, Scott has represented policyholders in a wide range of disputes. He often handles matters from the inception all the way through appeals. He has argued and briefed insurance coverage disputes in federal Courts of Appeals and state supreme courts.
Scott’s practice often involves 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 first party property, Telephone Consumer Protection Act (TCPA), directors and officers (D&O), securities, errors and omissions (E&O), crime and fidelity bond, 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.
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
BTI Client Service All-Star, 2023
Cybersecurity Docket’s Incident Response 50, 2023
Chambers USA, 2020-2023
The Best Lawyers in America, 2017-2024
Washington, D.C., Super Lawyers, 2019-2020, 2022-2023
Cybersecurity Docket's Incident Response 30 for 2020
BTI Client Service All-Star, 2020, 2022
Acritas Star Independently Rated Lawyer