Molly Dibianca

Molly Dibianca

May 29, 2024 | Delaware Business Court Insider

How the FTC's Noncompete Ban Would Change Delaware Law

If the final rule is upheld, Delaware's approach to employment-related restrictive covenants will change significantly.

By Molly DiBianca

3 minute read

February 21, 2024 | Delaware Business Court Insider

Delaware Supreme Court Upholds Partnership's Anti-Competition Provision

In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court upheld the validity of a post-employment restriction in a limited partnership agreement. The decision overturned the ruling of the Delaware Court of Chancery invalidating a forfeiture-for-competition provision, which permitted the partnership to withhold distributions to partners who voluntarily withdrew from and then competed with the partnership.

By Molly DiBianca

3 minute read

July 26, 2023 | Delaware Business Court Insider

Difference in Political Beliefs Is Not a Proper Purpose for Section 220 Action

The right of a shareholder to demand to inspect a company's books and records may be an important tool but it is not without limits. In a recent decision involving The Walt Disney Co. (Disney), the Delaware Court of Chancery reminded one litigant that disagreement over business decisions, including decisions about a company's position on social issues, is not a proper basis for a shareholder action under Section 220.

By Molly DiBianca

5 minute read

May 10, 2023 | Delaware Business Court Insider

Drug Policies Up in Smoke: What Legalization Means for Delaware Businesses

On April 23, Delaware became the 22nd state in the country to legalize marijuana for recreational use. With the passage of the new law, Delaware employers face new challenges and questions. This article is intended to offer some answers.

By Molly DiBianca and Robert T. Hoban

4 minute read

February 08, 2023 | Delaware Business Court Insider

The Fragile State of Noncompetes in Delaware

The enforceability of restrictive covenants, both in Delaware and across the country, is an issue in a state of flux. A recent decision by the Delaware Court of Chancery serves to highlight the court's hesitance to enforce noncompetes in Delaware and the rule recently proposed by the FTC would eliminate noncompetes entirely.

By Molly DiBianca

5 minute read

August 17, 2022 | Delaware Business Court Insider

Employee's Double Dealing Lands Him in Serious Legal Trouble

In a recent decision, Metro Storage International, v. Harron, C.A. No. 2018-0937-JTL (Del. Ch. May 4, 2022), the Delaware Court of Chancery made clear that executives who engage in double dealing will pay a high price for their bad acts.

By Molly DiBianca

5 minute read

May 25, 2022 | Delaware Business Court Insider

The Risks of Litigating Employment Claims in the Court of Chancery

A recent decision by the Delaware Court of Chancery highlights some of the perils employers face when attempting to enforce post-employment covenants, such as confidentiality and nonsolicit provisions.

By Molly DiBianca

6 minute read

February 23, 2022 | Delaware Business Court Insider

Proposed Law Would Require Paid Leave for Delaware Employees

The Healthy Delaware Families Act (the act) is a proposed law that, if passed, would provide access to paid leave for eligible Delaware workers.

By Molly DiBianca

7 minute read