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 litigation matters, including antitrust and intellectual property litigation. She has experience in all aspects of litigation, including drafting pleadings, motion practice, oral argument, expert discovery, trial preparation, and appellate briefing, with significant experience in discovery.

Carey is a regular contributor to BakerHostetler’s Discovery Advocate and Antitrust Advocate blogs, providing informative commentary on the latest developments in electronic discovery and the antitrust litigation sectors.

Select Experience

  • Representing a heavy-equipment manufacturer in multiple unrelated cases against claims of trade secret misappropriation, copyright infringement, breach of contract, and other state law claims. 
  • Representing a plaintiff class in a market allocation and monopolization suit. 
  • 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.
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Experience

  • Representing a heavy-equipment manufacturer in multiple unrelated cases against claims of trade secret misappropriation, copyright infringement, breach of contract, and other state law claims. 
  • Representing a plaintiff class in a market allocation and monopolization suit. 
  • 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

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.

Prior Positions

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

Admissions

  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of Michigan
  • 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
No Health Care Merger Too Small for the FTC to Take an Antitrust Look
February 12, 2018
In our November and December 2016 articles, we discussed the Federal Trade Commission’s proclivity to challenge health care mergers, even when the purported anticompetitive effects of the relatively economically limited merger would be...
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Discovery Advocate
E-Discovery and Cryptocurrencies – What you need to know
By Nkosi D. Shields, Ryan A. Walton
February 8, 2018
Does bitcoin keep appearing in your news feed? As cryptocurrencies become adopted and accepted by mainstream vendors and consumers, it’s a good idea for attorneys to think about the potential litigation and eDiscovery challenges ahead...
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Antitrust Advocate
Has the Third Circuit Just Scrambled ‘Umbrella Damages’?
February 6, 2018
A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes plaintiffs from...
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Discovery Advocate
Perfection Not Required in Technology Assisted Review, but Transparency Might Be
February 5, 2018
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will...
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Discovery Advocate
It's the End of Authentication (of ESI) as We Know It
By Carey S. Busen
November 29, 2017
Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.” We previously analyzed the changes to the...
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