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.
More »

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

Previous Next
Antitrust Advocate
1-800 Contacts Settles Class Action Lawsuit With Roots in FTC Action
By Darley Maw, Ann M. O'Brien
May 21, 2020
Back in 2016, the Federal Trade Commission (FTC) sued 1-800 Contacts, claiming the online retailer devised an anticompetitive scheme with other online lens retailers to restrict search terms. The FTC argued that 1-800 Contacts and its...
Read More ->
Discovery Advocate
Key COVID-19 Considerations for U.S. Discovery and Information Governance
By Gilbert S. Keteltas, James A. Sherer
May 21, 2020
Many businesses have remote work and bring-your-own-device policies that cover access to company systems and information from personal devices. These policies may also state expectations or requirements for the management and security of...
Read More ->
Discovery Advocate
COVID-19 and U.S. Statutes of Limitation
By Justin R. Donoho, Gilbert S. Keteltas
May 21, 2020
At the federal and state levels, there have been calls to suspend statutes of limitations during the COVID-19 outbreak. A number of states have already acted, but state approaches vary and are open to future changes as the challenges of...
Read More ->
Discovery Advocate
Adapting E-Discovery Workflows to a Remote Work Environment
By May Tal Gongolevsky, Edward J. Jacobs, Victoria M. Rutherfurd, Joshua A. Satter
May 21, 2020
As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the practice of...
Read More ->
Antitrust Advocate
The Failing Firm Defense in Times of Economic Uncertainty
By Alyse F. Stach
May 20, 2020
As many businesses look for solutions to weather the economic impact of the COVID-19 pandemic, one potential avenue for distressed companies is to seek to be acquired by a more stable firm looking to expand. The antitrust regulators have...
Read More ->