Mike Considine is a partner in both the Litigation Group and the Government Enforcement and Internal Investigations Group at the Firm. Prior to entering private practice, Mike served as Deputy Chief of the Long Island Offices of the U.S. Attorney’s Office for the Eastern District of New York, where he supervised various criminal investigations, and conducted numerous trials and appeals.
Mike represents companies and individuals in response to government probes conducted by the DOJ, SEC, EPA, OFAC and other federal and state investigative agencies, and in internal investigations. The matters arise in diverse industries, ranging from financial services and shipping to pharmaceuticals and manufacturing, and involve alleged violations of the FCPA, and securities, antitrust, environmental and tax laws.
Mike has been repeatedly selected to serve as an independent monitor under settlements reached between organizations and federal agencies, including the DOJ, SEC and EPA. A focus of these engagements has been facilitating the implementation of enterprise-wide compliance programs and reporting on the entities’ adherence to settlement provisions. Separately, Mike has been engaged to help craft compliance programs, that effectively address significant risks, including third party violations of the FCPA.
Following his graduation from Boston College and the Georgetown University Law Center, Mike served as a judicial law clerk for U.S. District Judge Shirley Wohl Kram in the Southern District of New York.
Mike is presently on the Executive Committee of the Federal Bar Council. He is regularly recognized by the legal community by inclusion in Chambers USA (2021), The Best Lawyers in America, White Collar Criminal Defense (2010-2021), and Super Lawyers (2006-2022).
A frequent writer and lecturer, Mike has spoken at numerous conferences and written numerous articles on pertinent legal topics including corporate compliance.
A sampling of Mike’s representative matters include:
- Acting as federal monitor on behalf of: (i) an asset management firm for four years under an SEC Order; (ii) an international bank for three years under a DOJ non-prosecution agreement; (iii) a municipal entity for four years under an Administrative Agreement with DOJ/EPA; and (iv) a healthcare company for two years under a DOJ corporate resolution.
- Representing various companies in regulatory probes, including an Asian autoparts manufacturer (DOJ Antitrust); international bank (OFAC); and chemical manufacturer (EPA/DOJ).
- Conducting numerous internal investigations for various companies exploring alleged violations of the FCPA, OFAC, securities and other laws.
- Representing numerous hedge funds in insider trading and other investigations conducted by the SEC and/or DOJ.
- Representing individuals, including senior executives and lawyers, in diverse industries, including financial services/pharmaceutical/shipping/ energy and healthcare in various investigations conducted by DOJ and other agencies; some involving parallel civil and cross-border litigations.
- Co-authored, “SEC Enforcement of Off-Channel Communications Continues – New Series of Firms Charged with Penalties Totaling $289 Million,” Seward & Kissel (August 16, 2023)
- Co-authored, “‘An Ounce of Prevention’…How to Reduce the Risk of Litigation and Enforcement Proceedings,” Seward & Kissel (July 26, 2023)
- Co-authored, “Off-Channel Communications: Action Items for Advisers,” Seward & Kissel (March 16, 2023)
- Co-authored, “Introducing the Government and Regulatory Rundown – March 2023,” Seward & Kissel (March 9, 2023)
- Co-authored, “CEO of Publicly Traded Health Care Company Charged with Insider Trading for Misusing Rule 10b5-1 Trading Plans,” Seward & Kissel (March 7, 2023)
- Co-authored, “DOJ Releases New Voluntary Self-Disclosure Policy,” Seward & Kissel (March 3, 2023)
- Co-authored, “2022 Highlights from the Global Bank and Institutional Finance & Restructuring Group,” Seward & Kissel (February 13, 2023)
- Co-authored, “Seward & Kissel Releases Litigation Group 2022 Year in Review,” Seward & Kissel (February 7, 2023)
- Co-authored, “DOJ’s Civil and Criminal Enforcement Focus on Corporate Cybersecurity,” Seward & Kissel (November 2, 2022)
- Co-authored, “Wealth Management Firm Charged with S-P Violations for Failing to Properly Dispose of its Hard Drives,” Seward & Kissel (October 4, 2022)
- Co-authored, “SEC Charges Sixteen Firms for Recordkeeping Failures Related to Employee Use of Personal Devices,” Seward & Kissel (October 3, 2022)
- Co-authored, “DOJ’s Revised Corporate Criminal Enforcement Policies Encourage Voluntary Disclosure and Focus on Compensation,” Seward & Kissel (September 22, 2022)
- Co-authored, “SEC Files First Reg BI Action Against Broker-Dealer,” Seward & Kissel (June 28, 2022)
- Co-authored, “Shipping Compliance Alert: Deficiencies Discovered During Coast Guard Investigation Lead to Criminal Penalties, Highlighting Importance of Establishing an Effective Compliance Program,” Seward & Kissel (May 11, 2022)
- Co-authored, “Sanctions Update: U.S. Bans Imports of Russian Oil and New Energy Investments,” Seward & Kissel (March 9, 2022)
- Co-authored, “Sanctions Update: U.S. Announces Broader Oligarch Sanctions and Additional Measures,” Seward & Kissel (March 7, 2022)
- Co-authored, “U.S. and Allies Impose Expanded Sanctions Against Russia,” Seward & Kissel (March 2, 2022)
- Co-authored, “Federal Maritime Commission and Department of Justice Annouce New Steps to Strengthen Antitrust Enforcement Efforts in the Shipping Industry,” Seward & Kissel (March 2, 2022)
- Co-authored, “2021 Highlights from the Global Bank and Institutional Finance & Restructuring Group,” Seward & Kissel (February 14, 2022)
- Co-authored, “Seward & Kissel Releases Maritime Practice 2021 Year in Review,” Seward & Kissel (January 27, 2022)
- Co-authored, “SEC Sanctions Broker-Dealer for Alternative Trading System,” Seward & Kissel (January 26, 2022)
- Co-authored, “Update: SEC ‘Shadow Trading’ Enforcement Action Advances,” Seward & Kissel (January 25, 2022)