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
DOJ Antitrust Division Not Backing Down on Labor
September 27, 2022
Despite back-to-back losses in the Department of Justice’s (DOJ) first-ever criminal no-poach and wage-fixing cases, the Antitrust Division (the Division) is not backing down from its enforcement focus on labor. In fact, the Division and...
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Antitrust Advocate
DOJ's Kanter: New Merger Guidelines to Address Enforcement's ‘Disconnect' with Court Precedent and Market Realities
By Thomas E. Hogan, Joshua J. Jowdy
September 22, 2022
On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks[1] at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his leadership. After touting...
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Antitrust Advocate
Federal Court Allows Price-Fixing Class Action to Proceed Against Universities
By Tyson Y. Herrold, Carl W. Hittinger, Ann M. O'Brien, Nicholas M. Rose
September 14, 2022
Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District Court for the...
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Antitrust Advocate
PGA Tour Wins First Round in Antitrust Legal Fight with Players
By Ann M. O'Brien, Alyse F. Stach
August 10, 2022
On August 9, 2022, a federal judge hearing the antitrust lawsuit filed by 11 professional golf players against the PGA Tour ruled against three of the players who had sought a temporary restraining order. The order, if granted, would have...
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Antitrust Advocate
Is antitrust liability in the future for the PGA Tour, and beyond?
By Ann M. O'Brien, Alyse F. Stach
August 4, 2022
On August 3, 2022, 11 professional golfers, led by Phil Mickelson, filed an antitrust complaint in the Northern District of California against the PGA Tour for the actions it took against the golfers – including suspension from PGA Tour...
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