Molly DiBianca is the Member In Charge of the firm’s Wilmington, Delaware office. Molly’s practice is multi-faceted. She regularly serves as a neutral—appointed by the courts and selected by the parties—to assist litigants in resolving their disputes outside the courtroom. She also litigates on behalf of businesses and advises clients on best practices and compliance issues in the workplace.
Mediation and Special-Master Appointments
Molly serves as a private mediator, selected by the parties to assist in reaching an out-of-court resolution. She mediates cases involving commercial, construction, contract, employment, and trust-and-estate disputes. Molly vigorously pursues a mutually agreeable resolution through a collaborative and confidential process, while focusing on the needs and desires of the parties to ensure a satisfying outcome to all parties.
Molly regularly serves as a court-appointed Special Master in Delaware’s Court of Chancery and in the Complex Commercial Litigation Division (CCLD) of Delaware’s Superior Court. Molly is a Fellow of the Academy of Court-Appointed Neutrals—the only Fellow in Delaware.
Molly is an experienced trial lawyer. For nearly two decades, Molly has represented employers in commercial and employment disputes in state and federal court and before employment agencies such as the U.S. Equal Employment Commission, U.S. Department of Labor, Delaware Department of Labor, and Delaware Public Employment Relations Board.
Molly is a leading litigator in the area of non-compete, non-solicit, and other employment- and business-related restrictive covenants. She regularly represents clients seeking to both prosecute and defend against post-employment restrictive covenants. She frequently writes on the enforceability of non-compete agreements in Delaware.
Molly counsels employers on all aspects of state and federal employment laws. From implementing legally compliant policies and practices to advising on termination and other employment decisions, Molly guides her clients through the maze of laws and regulations in a practical and down-to-earth way. Molly’s clients include businesses of every size and industry.
Molly is often called upon to investigate an internal complaint or other internal matter. In these cases, Molly interviews individuals, reviews documents, and assembles other relevant evidence in formulating her report and recommendations. Clients appreciate her ability to quickly root out the underlying issues in workplace conflicts and to make suggestions for resolution that are practical and realistic.
Public-Sector Labor Relations
Molly represents public-sector employers in their collective bargaining negotiations. She also advises employers in the management of their union workforces and represents employers in their defense of claims before the National Labor Relations Board and Delaware Public Employment Relations Board.
Training is an integral component of Molly’s preventative-practices philosophy. As part of that philosophy, Molly presents customized training to managers and executives during on-site seminars and workshops. She is a frequent speaker and teaches best practices to human resource professionals, executives, and in-house counsel.
Molly also presents anti-harassment and respectful-workplace training in-person and online in compliance with Delaware’s mandatory-training law.
Molly is well known for her deep knowledge of technology in the practice of law. She is the Co-Chair of the Delaware Supreme Court Commission on Law & Technology. For more than 10 years, she has been a leading author and speaker on matters relating to technology in the legal field, with a special emphasis on legal ethics and social media. Molly utilizes this knowledge in performing her duties as a court-appointed Special Discovery Master.
Molly created and wrote the Delaware Employment Law Blog for several years. It was voted into the ABA Journal’s Top 100 Blawgs five years in a row and was awarded a spot in the magazine’s Top 100 Blawgs Hall of Fame in 2015.
ABA Journal, Top 100 Blawg Hall of Fame (2014)
Super Lawyers, Rising Star, Labor and Employment, 2012-2017
ABA Journal, Blawg 100, Labor and Employment, 2009-2014
Chambers USA – Labor and Employment, 2016-2018, 2021-2023
Named among The Best Lawyers in America® for Employment-Law Individuals, Litigation-Labor and Employment by Best Lawyers (2022-2023)
Best Lawyer in Employment Law for Employers – Delaware Today
American Bar Association
Delaware State Bar Association; ADR and Employment Sections
Delaware Supreme Court Commission on Law and Technology; Co-Chair
Academy of Court-Appointed Neutrals, Fellow
Delaware Supreme Court Advisory Committee on the Delaware Lawyers’ Rules of Professional Responsibility, Member
Delaware Supreme Court Permanent Advisory Committee on Delaware Uniform Rules of Evidence, Member (Past)
State Bar Licenses
Molly is a frequent speaker to audiences across the country on employment matters, legal ethics, and technology in the law. A sample of some of her recent presentations include:
- Zero-Tolerance: A Discussion, Delaware State Bar Association, Women and the Law (Mar. 2023)
- Legal Implications for the Remote Workforce, ABA, Business Law Section (Dec. 2022)
- Ethics of Attorney Marketing & Solicitation, Pennsylvania Bar Institute (Mar. 2022)
- Technology & Ethics, Delaware State Bar Association, Rubenstein-Walsh Seminar on Ethics (Feb. 2022)
- Obtained complete dismissal of an unfair labor practice charge before the Delaware Public Employment Relations Board against a municipal client in which the police union asserted that the client violated Delaware labor laws when it allegedly failed to investigate internal complaints. The charge was dismissed at the pleading stage by the Board’s Executive Director and, after an appeal by the union with oral argument, the dismissal was upheld by the full Board.
- University of Delaware, School of Public Policy and Administration, Adjunct Faculty, Administrative & Employment Law (2014-15)
- Notre Dame University Law School, Guest Lecturer on Employment Contracts
- Villanova University School of Law, Guest Lecturer on Ethics in Legal Technology
- Widener University School of Law, Guest Lecturer on Social Media
- University of Pennsylvania, Wharton School of Business, Guest Lecturer on Employment Law
- EEOC Has Entered the [AI] Chat, May 24, 2023.
- Drug Policies Up In Smoke: What Legalization Means for Delaware Businesses, May 17, 2023
- Niceties Be Damned: NLRB Talks Profanity, May 8, 2023
- The Robots Aren’t Coming; They’re Here, (p. 14), March 2023
- The Fragile State of Noncompetes in Delaware, Feb. 8, 2023
- ABA Warns of Risks of Copying Client on Emails to Opposing Counsel, (p. 18), Jan. 2023
- Lawyer’s Boasting Causes Judge to Overturn Verdict, (p. 16), Nov. 2022.
- The Real (and Serious) Consequences of Poor Email Management, (p. 14), Sept. 2022.
- Employee’s Double Dealing Lands Him in Serious Legal Trouble, Aug. 17, 2022
- The Risks of Litigating Employment Claims in the Court of Chancery, May 25, 2022
- Proposed Law Would Require Paid Leave for Delaware Employees, Feb. 23, 2022
- New EEOC Guidance Prohibits Antibody Testing of Employees, June 16, 2020
- DHS Relaxes I-9 Form Requirements for Remote Employers, March 26, 2020
- The Families First Coronavirus Response Act: FMLA Expansions and Paid Sick Leave Extensions, March 20, 2020
- The New Coronavirus Bill: What Employers Need to Know, March 16, 2020