Carey S. Busen

Partner

Washington, D.C.
T +1.202.861.1568
F +1.202.861.1783

Overview

Carey Busen focuses her practice on complex commercial litigation matters in federal and state courts throughout the country. Carey has litigated a variety of matters, including large-scale trade secret, breach of contract, consumer protection, antitrust, and class action litigation. She has experience in all aspects of litigation, including drafting pleadings, motion practice, oral argument, expert discovery, trial, and appellate briefing, with significant experience in discovery. In particular, Carey focuses on addressing the burdens, costs and opportunities of electronic discovery in complex litigation.

Carey is a regular contributor to BakerHostetler’s Discovery Advocate, providing informative commentary on the latest developments in electronic discovery.

Select Experience

  • Represented a large apartment owner in consumer fraud matters brought by government and private entities.
  • Represented hospitality companies in litigation actions arising out of data breaches, including securing a voluntary dismissal of a class action brought by issuing banks against one client.
  • Represented tobacco companies in multi-year, multi-state arbitration over disputed payments under the Master Settlement Agreement.
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Experience

  • Represented a large apartment owner in consumer fraud matters brought by government and private entities.
  • Represented hospitality companies in litigation actions arising out of data breaches, including securing a voluntary dismissal of a class action brought by issuing banks against one client.
  • Represented tobacco companies in multi-year, multi-state arbitration over disputed payments under the Master Settlement Agreement.
  • Represented a heavy-equipment manufacturer in multiple unrelated cases against claims of breach of contract and other state law claims.
  • Represented a heavy-equipment manufacturer in copyright infringement lawsuit brought by a supplier of training materials.
  • Represented a heavy-equipment manufacturer in trade secret lawsuit brought by a supplier of attachments for heavy construction equipment.
  • Represented a heavy-equipment manufacturer in an antitrust lawsuit brought by a distributor of heavy construction equipment.
  • Represented a heavy-equipment manufacturer in products liability and fraud lawsuit brought by a power company.
  • Represented a certified class of dairy farmers located in 14 southeastern states against Dairy Farmers of America, Dean Foods and a number of other defendants in an action alleging violations of Sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale, and purchase of raw milk in the southeastern United States. Litigation was settled for more than 70 percent of alleged damages.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2017)
    • Recommended in Antitrust - Civil litigation/class actions
  • Washington, D.C., Super Lawyers "Rising Star" (2014 to 2017)

Memberships

  • American Bar Association
  • The Sedona Conference
    • Working Group 1: Electronic Document Retention and Production
    • Working Group 12: Trade Secrets

Pro Bono

  • Represented a criminal appellant in state court. Drafted the appellate brief, argued in state appellate court and drafted a successful petition for writ of certiorari.
  • Represented an asylum applicant from Burkina Faso; the applicant's asylum claim was granted.
  • Filed successful due process complaint against public school system on behalf of middle school student with autism, securing private school placement.

Prior Positions

  • Navigant Consulting: Litigation Consultant, focusing on complex data analysis

Admissions

  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, District of Columbia
  • U.S. Court of Appeals, District of Columbia Circuit
  • Georgia
  • District of Columbia

Education

  • J.D., University of Georgia School of Law, 2007, cum laude; Articles Editor, Journal of Intellectual Property
  • B.B.A., College of William and Mary, 2001

Blog

In The Blogs

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Antitrust Advocate
Antitrust Agency Turf War Over Big Tech Investigations
October 9, 2019
The Federal Trade Commission and the Department of Justice have found themselves under the microscope as calls for antitrust investigations into “Big Tech” companies escalate. The Federal Trade Commission and the Department of Justice have...
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Antitrust Advocate
Does Section 2 of the Sherman Antitrust Act Need More Bite?
September 26, 2019
Last month, two members of Congress introduced the Monopolization Deterrence Act, which would allow the Justice Department and the Federal Trade Commission to seek civil penalties for monopolization offenses under U.S. antitrust law. After...
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Antitrust Advocate
Private Antitrust Litigation and State Action Immunity in the U.S. since 2015
September 26, 2019
An article written by Partners Carl Hittinger and Danyll Foix and Counsel William DeVinney was published Sept. 20, 2019, by Global Competition Review. The article, “United States: Private Antitrust Litigation,” reviews private antitrust...
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Antitrust Advocate
CLE Webinar Series: Antitrust and White-Collar Investigations – What You Should Know
September 18, 2019
We invite you to join us for one, two or all three of our upcoming high-level webinars offering vital insights into antitrust issues and white-collar investigations. These CLE webinars will be led by our knowledgeable and experienced...
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Discovery Advocate
Social Media Privacy Settings May Not Protect Your Information From Discovery
By Carey S. Busen
March 15, 2018
Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and postings. However...
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