Arthur F. Golden
  1. Partner

Mr. Golden is global co-chairman of Davis Polk's mergers and acquisitions practice, the senior Davis Polk partner, and for nine years was a member of the firm's Management Committee. He is also the senior independent member of the board of directors of Emerson Electric, where he sits on the Executive and Finance Committees and chaired the Corporate Governance Committee. He regularly represents large multinational companies with respect to acquisition-related transactions, advises clients on corporate governance, shareholder activism and defensive matters, and is the senior partner in the firm’s practice in competition and antitrust matters, which include domestic and international mergers and acquisitions and antitrust counseling and litigation, both private and governmental (civil and criminal).

He has also represented clients in various contested acquisition matters, and numerous federal grand jury investigations, including the investigations of trading practices with respect to U.S. government securities, the air cargo, vitamins, commercial tissue, and explosives industries, violations of U.S. export controls, and the ‘Ill-Wind’ criminal investigation into fraud in the Pentagon procurement process.

He has successfully tried antitrust merger cases against the government and acted as one of the two lead negotiators for the U.S. tobacco industry in the effort to resolve, through legislation and settlements, the legal issues facing that industry.

He also serves as Chairman of the Board of Trustees of Rensselaer Polytechnic Institute.

Work Highlights

Mr. Golden has represented Emerson Electric and Roche Holdings in their significant transactions during the past three decades.
 

Recent Representations
  • Baker Hughes in its pending combination with GE Oil & Gas and in its proposed acquisition by Halliburton
  • Tyson Foods in its acquisition of Hillshire Brands
  • H.J. Heinz in its acquisition by Berkshire Hathaway and 3G Capital
  • Roche in its acquisitions of Genentech and InterMune, and in its hostile bids for Illumina and Ventana Medical Systems
  • ConAgra in its acquisition of Ralcorp, spinoff of its Lamb Weston business and sale of its private brands business
  • An American multinational food, snack and beverage corporation in the acquisitions of its two largest anchor bottlers
  • Gillette in its merger with Procter & Gamble
  • The directors of various mutual fund companies in investigations of that industry
  • Freeport-McMoRan in a negotiation with the Government of Indonesia and the criminal antitrust investigation of the copper concentrate industry
  • Comcast in its merger with AT&T Broadband
  • RJR Nabisco sale to Philip Morris (Kraft)
  • Roche Holding in its previous acquisitions of Boerhinger Mannheim, Syntex and Genentech and hostile bid for Sterling Drug
  • Allegiance in its merger with Cardinal Health
  • A major financial institution in connection with investigations of foreign exchange trading and markets
Litigated Representations
  • Hoffmann-La Roche in criminal and civil antitrust litigation relating to vitamins and its disputes with Gilead over rights to the flu medication, Tamiflu, and against Procter & Gamble in a false advertising preliminary injunction case
  • AstraZeneca in various matters, including the Canadian import litigations and the brand name prescription drug antitrust litigation
  • Bertelsmann in the federal antitrust investigation relating to the online distribution of music
  • Antitrust merger litigation with respect to Whirlpool’s acquisition of KitchenAid, Emerson's acquisition of Skil and a wine industry merger
  • The securities litigation in the Delaware Chancery and Supreme Courts with respect to the Fort Howard LBO

Recognition

Mr. Golden is consistently recognized as a leader in the legal industry:

  • Chambers Global
  • Chambers USA
  • IFLR100
  • Legal 500 U.S.
  • Who’s Who Legal – Business, Competition and Corporate Governance
  • Expert Guides – Competition & Antitrust and Corporate Governance 
  • Best Lawyers – "Lawyer of the Year," Litigation-Antitrust: New York City, 2016

Mr. Golden is a senior member of Davis Polk’s Antitrust and Competition Group, which is recognized by:

  • Law360 – “Competition Group of the Year,”2012, 2014, 2015 and 2016
  • U.S. News – Best Lawyers – “Law Firm of the Year,” 2013

Of Note

Recent Publications
  • "Corporate Governance, Global Overview," Getting the Deal Through
  • Contributing Editor, "Shareholder Activism & Engagement, Global Overview," Getting the Deal Through
Current Memberships
  • Member, Board of Directors, Emerson Electric (Executive Committee; Finance Committee; past Governance Committee Chair)
  • Trustee, Chairman of the Board of Trustees, Rensselaer Polytechnic Institute
Past Memberships
  • Director of various other NYSE companies
  • Member, Executive Committee; Chairman, Compensation Committee, ESCO Electronics
  • Member, Executive Committee; Audit Committee, Burns International Services
  • Member, Audit Committee, Allegiance Corporation
  • Member, Board of Managers, State Communities Aid Association

Professional History

  • Partner, 1978-present
  • Associate, 1969-1977

Bar Admissions

  • State of New York
  • U.S. Supreme Court
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, E.D. New York
  • U.S. District Court, N.D. New York
  • U.S. District Court, S.D. New York
  • U.S. District Court, N.D. Ohio

Education

  • B.S., Rensselaer Polytechnic Institute, 1966
  • J.D., New York University School of Law, 1969
    • Editor, Law Review