Margaret (Molly) DiBianca

Practice Areas

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.

Litigation

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.

Counseling

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.

Internal Investigations

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

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.

Technology

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.