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
Criminal No-Poach Update: DOJ Seeks to Contain Fallout from Judgment of Acquittal
June 1, 2023
The Department of Justice (DOJ) continues to pursue no-poach agreements as criminal conduct despite yet another recent defeat, this time in United States v. Patel. In Patel, the DOJ alleged that employees of an aerospace company and...
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Antitrust Advocate
Report from the 2023 ABA Antitrust Section Annual Conference – UK, EU, and Canadian developments
By Victoria L. Weatherford
May 8, 2023
The recent annual ABA Antitrust Spring Meeting in Washington, D.C., once again brought together enforcers and counsel from around the world to discuss the hottest topics in global antitrust enforcement. We provide some of the key updates...
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Antitrust Advocate
Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?
By Marc G. Schildkraut
May 1, 2023
The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate of Public...
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Antitrust Advocate
Report from the 2023 ABA Antitrust Section Annual Conference – Criminal Updates and Developments
By Kayley B. Sullivan
April 21, 2023
In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers gave updates...
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Antitrust Advocate
Views from the Bench
By Carl W. Hittinger, Justin M. Kadoura
April 10, 2023
Key Takeaways: Panelists echoed a familiar tune at the 2023 ABA Antitrust Spring Meeting’s “Views from the Bench”: Judges wish antitrust lawyers and their expert witnesses would do a better job of explaining and narrowing down the factual...
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