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.
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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

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Antitrust Advocate
COVID-19 Antitrust Agency Procedural Changes
April 2, 2020
Over the past several weeks, the U.S. antitrust enforcement agencies – the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) – have made several public announcements regarding changes to antitrust...
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Antitrust Advocate
Executive Order Addresses DOJ's Fight Against Hoarding Activity
By Rachel Palmer Hooper
March 25, 2020
On the afternoon of March 23, 2020, United States Attorney General William Barr participated in the Coronavirus Task Force press briefing. Attorney General Barr revealed that, on March 23, President Trump issued an executive order allowing...
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Antitrust Advocate
Protection of Consumers and the Public in Response to the COVID-19 Pandemic
By Rachel Palmer Hooper
March 23, 2020
Federal and state authorities are working to protect consumers and the public during the current COVID-19 pandemic. The Department of Justice (DOJ) issued a cautionary press release announcing its “intention to hold accountable anyone who...
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Antitrust Advocate
The Need for Special Masters in Complex Antitrust Cases
March 5, 2020
The ABA resolution advises the bench and bar that utilization of special masters has evolved over the last 50 years from the rare exception to a commonplace tool to manage complex litigation, including antitrust cases. In 2019, the...
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Antitrust Advocate
Should Antitrust Laws Tackle Privacy Issues? DOJ and State AGs Continue Google Investigations in Response to Privacy Concerns
By Darley Maw
February 28, 2020
Months have passed since it was first revealed in July 2019 that the Department of Justice (DOJ), in response to various stakeholders’ concerns, was conducting a review into certain “market-leading online platforms” and whether they...
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