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
Ohio v. American Express: The Supreme Court Credits American Express's Anti-Steering Provisions
By William DeVinney
July 10, 2018
In a 5-4 decision in Ohio v. American Express, the Supreme Court affirmed that the anti-steering provisions of American Express’s merchant agreement do not violate Section 1 of the Sherman Act. Credit card companies’ core business involves...
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Antitrust Advocate
Carl Hittinger, Tyson Herrold Author Article that Assesses Congressional Attempts to Update FTC Merger Review Process
By Tyson Y. Herrold, Carl W. Hittinger
June 27, 2018
Partner Carl Hittinger and Associate Tyson Herrold authored an article published June 22, 2018, by The Legal Intelligencer. The article, “How Smart is the Proposed Merger Review SMARTER Act?,” discusses a long-awaited bill before Congress...
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Discovery Advocate
Social Media Privacy Settings May Not Protect Your Information From Discovery
By Carey S. Busen
March 15, 2018
Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and postings. However...
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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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Discovery Advocate
‘Ancient' Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception
By Carey S. Busen, Gilbert S. Keteltas
January 17, 2017
Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic processes or systems...
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