overview
Carmen F. Francella III is an associate in the firm’s Boston office in the Employment; Executive Compensation & Counseling; Business, Finance & Transactions; Middle-Market M&A and Private Equity; and Government Investigations & White-Collar Crime groups. He represents clients in national and international corporate transactions; sensitive and complex internal investigations, including those related to government enforcement; and litigation and arbitration matters. He also counsels employers on all aspects of employment issues, including non-compete and other restrictive covenant disputes; wage and hour conflicts; workplace misconduct and discrimination; whistleblowing; employee discipline and termination; employee handbooks; compliance and compliance and policy matters; and contentious separations.
education
J.D., Suffolk University Law School
B.A., Siena College
admissions
Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals for the First Circuit
honors & awards
Best Lawyers in America© One To Watch, Commercial Litigation, Criminal Defense: White-Collar (2021-2024)
Super Lawyers, Rising Stars (2020-2023)
community involvement
Volunteer, Suffolk University Law School National Moot Court Team
Beacon Hill Civic Association
Community Resources for Justice
Boston Athenaeum
experience
Corporate Transaction Representations
- Butterfly Equity, a private equity firm specializing in the food sector, and its portfolio company, Modern Restaurant Concepts, on Butterfly’s acquisition of QDOBA, the No. 2 player and No. 1 franchisor in the Mexican fast casual restaurant sector in North America, from funds managed by affiliates of Apollo.
- Tailwater Capital and its portfolio company Producers Midstream II in connection with the acquisition of ArcLight Capital-backed Midcoast Energy’s Anadarko basin operations, consisting of 100 percent of Midcoast Energy’s Anadarko gathering and processing (G&P) system and a 35 percent interest in the Texas Express Gathering (TEG) system.
- Cardenas Markets, a leading grocery retailer focused on serving the Hispanic community, and investment funds affiliated with KKR, a leading global investment firm, on the sale of Cardenas Markets to Apollo.
- Sentinel Capital Partners on the sale of its portfolio company, Apex Companies, a provider of end-to-end environmental consulting and engineering solutions, to Morgan Stanley Capital Partners.
- Brentwood Associates, a leading growth-oriented private equity firm, on its acquisition of a majority interest in Hissho Sushi.
- Pacolet Milliken, LLC , a sustainability-focused investment firm, on its joint venture investment with Evensol LLC, a leading developer of renewable biogas assets.
- Millennium Trust Company, LLC, a leading provider of retirement and financial services for employers, institutions, advisors, and individuals, on its acquisition of PayFlex Holdings, Inc., a provider of health savings accounts (HSAs) and consumer-directed benefit administration services, from CVS Health Corporation.
- A private investment fund in its $1B investment in a nuclear energy company.
- A global private equity firm focused on control and significant minority investments in the $500MM sale of its portfolio company, a property management firm.
- A leading private equity firm focused on investing in enterprise software, data and technology companies on its $200MM acquisition of a web-based talent intelligence platform that assists companies in reference checking.
- A private equity firm in its $115MM acquisition of a medical equipment and laboratory products supplier.
- A private equity firm in its $105MM acquisition of a plastics engineering and low volume injection molding company.
- A global private investment firm in its $75MM acquisition of a mainframe storage and software company.
- A private equity firm and its portfolio company in a $30MM acquisition of an e-commerce analytics provider.
- A private equity firm in its $32MM acquisition of a world leader in insulation and technical fabrics.
- A private equity firm and its portfolio company in a $30MM acquisition of a U.S.-based marketing and consulting agency with subsidiaries in Australia, Mexico, and the United Kingdom.
Counseling Representations
- A major pharmaceutical company in a contentious separation with an executive related to allegations of hostile work environment.
- A private equity firm and its portfolio company in a noncompete dispute.
- A global talent solutions and business consulting firm in a matter brought by the Equal Employment Opportunity Commission related to allegations of sexual misconduct against the Company’s former Chief Executive Officer.
- A former student in settlement negotiations with a private, independent secondary-school related to allegations of sexual misconduct.
Internal Investigation Representations
- A global leader in facilities services related to whistleblower allegations of fraudulent and excessive billing practices.
- A Boston-based non-profit hospital and physician network related to allegations of race discrimination.
- A non-profit organization in a dispute with a former employee who made threats against the organization.
- A non-profit organization in a matter involving allegations of bullying and harassment.
- A Liberia-based non-governmental organization related to allegations of race discrimination and harassment.
- A Massachusetts-based independent, college-preparatory day school related to allegations of sexual misconduct against a former faculty member.
- Two elite New England private secondary schools related to historical allegations of sexual misconduct.
- A Boston-based college related to student-on-student sexual assault allegations under Title IX.
- A medical device company during a civil investigation by the U.S. Attorney’s Office for the District of Massachusetts related to alleged Anti-Kickback violations.
Litigation & Arbitration Representations
- loanDepot in its lawsuit against CrossCountry for breach of contract, trade secret violations, interference with contractual relations, and unfair competition.
- A Boston-based financial services corporation against claims of breach of contract and misappropriation.
- A Boston-based university against claims of fraud and breach of fiduciary duty.
- A Boston-based private investment management firm against claims of race and gender discrimination.
- A national student loan servicer in a lawsuit brought by the Massachusetts Attorney General’s Office alleging unfair and deceptive business practices under Chapter 93A.
- A dental equipment manufacturer in a trade secret dispute.
memberships
Boston Bar Association
Massachusetts Bar Association
articles
Senate Bill Proposes Equal Pay for U.S. Women’s Soccer Team, National Law Review, July 2019