Exterior Systems, Inc. v. Noble Composites, Inc.

Attorney Cynthia Gillard represented Fabwel, Inc. (later merged into Exterior Systems, Inc. (ESI), plaintiff) for years, including drafting non-competition and non-disclosure agreements and an executive benefit plan involving Edward Welter (defendant). After Fabwel was sold and eventually became part of ESI, Welter left to form Noble Composites (defendant) with former Fabwel employees, and ESI sued Noble, Welter, and another former employee for breaching the non-competition and non-disclosure agreements. Gillard represented Welter in that suit, and ESI moved to disqualify her, citing her prior representation of Fabwel on the very agreements now at issue.