Carey S. Busen

She | Her | Hers

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. She 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. Clients and colleagues alike trust Carey to guide them through their most complex and sensitive e-discovery matters.

Carey is active in the Sedona Conference and was part of the drafting team for The Sedona Conference Commentary on ESI Evidence & Admissibility, Second Edition. Carey is an active mentor in the Washington, D.C. office and firmwide Women’s Committees, assisting women across the firm in the advancement of their careers. She also serves as the Practice Group Leader in the Washington, D.C. office for first and second year associates, mentoring new associates through their transition into the practice of law.

Select Experience

  • Discovery counsel defending international hotel chain in multidistrict litigation brought over data security incident that impacted over 500 million guest records. The complex MDL involves multiple tracks, including putative class action litigation brought by municipalities, consumers and issuing banks.
  • 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.
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Experience

  • Discovery counsel defending international hotel chain in multidistrict litigation brought over data security incident that impacted over 500 million guest records. The complex MDL involves multiple tracks, including putative class action litigation brought by municipalities, consumers and issuing banks.
  • 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
2023 HSR Filing Thresholds and New Filing Fee Structure Announced
January 30, 2023
On Jan. 25, the Federal Trade Commission (FTC) published a notice in the Federal Register announcing the 2023 filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act). The notice also announced the new...
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Antitrust Advocate
FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts
January 6, 2023
Key Takeaways On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the...
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Antitrust Advocate
Is This the Beginning of a Sentencing Revolution?
By Lindsey Olson Collins, Ann M. O'Brien
December 9, 2022
Third Circuit Limits Sentencing Guidelines to Actual Loss: Implications for Fraud and Possibly Antitrust Sentencing On Nov. 30, 2022, following the U.S. Supreme Court’s 2019 decision in Keiser v. Wilkie and contrary to the guidelines’ own...
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Antitrust Advocate
Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act
By Jeffry W. Duffy, Tyson Y. Herrold, Carl W. Hittinger, Justin M. Kadoura
November 21, 2022
Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC...
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Antitrust Advocate
Yer out (for now): MLB dismissed from antitrust lawsuit because of historic antitrust exemption
By Julian D. Perlman
November 8, 2022
In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost on the eve of...
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