The Importance Of Transparency In Municipal Law

By J. Chadwick Schnee • January 1, 2026
The Importance of Transparency in Municipal Law
A judge 's gavel is sitting on top of a piece of paper that says we the people.

PA's Anti-SLAPP Shield: How We Won $6K+ for a Client's Free Speech Rights

By J. Chadwick Schnee • August 1, 2025
PA's Anti-SLAPP Shield: How We Won $6K+ for a Client's Free Speech Rights

Supreme Court Rejects "Background Circumstances" Rule in Title VII Cases: What It Means for You

By J. Chadwick Schnee • June 15, 2025
Supreme Court Rejects "Background Circumstances" Rule in Title VII Cases: What It Means for You

Breaking Down the Commonwealth Court’s Ruling on RTK Law: A Closer Look at Shepherd v. Pennsylvania Office of the Governor

By J. Chadwick Schnee • May 15, 2025
Breaking Down the Commonwealth Court’s Ruling on RTK Law: A Closer Look at Shepherd v. Pennsylvania Office of the Governor

Agencies beware: Injunctive relief against users of the Right-to-Know Law may be increasingly difficult under Pennsylvania’s Anti-SLAPP Statute

April 15, 2025
Agencies beware: Injunctive relief against users of the Right-to-Know Law may be increasingly difficult under Pennsylvania’s Anti-SLAPP Statute

The Importance of Procedural Due Process: A Successful Expungement of a Mental Health Commitment In Erie County, PA

By J. Chadwick Schnee, Esq • March 15, 2025
The Importance of Procedural Due Process: A Successful Expungement of a Mental Health Commitment in Erie County, PA
A large library filled with lots of books on shelves.

Are public libraries subject to the Right-to-Know Law? Definitely maybe.

By J. Chadwick Schnee, Esq • February 15, 2025
Are public libraries subject to the Right-to-Know Law? Definitely maybe.
A scale of justice sits on a wooden podium in a courtroom

Post-trial motions not required in Right-to-Know Law enforcement

By J. Chadwick Schnee, Esq • January 15, 2025
As a matter of first impression, a Commonwealth Court judge has ruled that post-trial motions under Pa. R.Civ.P. 227.1 are not required in an appeal from an order in a Right-to-Know Law enforcement action. In Walker v. County of Bucks, a requester filed an enforcement action against an agency and its open-records officer where the agency had filed two appeals of the same OOR final order (rather than two appeals of two different OOR final orders), arguing that relief in mandamus was appropriate because one of the two OOR final orders was not appealed.[1] The trial court rejected the complaint, holding that relief in mandamus “is not clear at this time” due to a pending motion to substitute one its appeals.[2] The requester appealed but did not file post-trial motions. The agency argued that, under Pa.R.Civ.P. 227.1, the requester “waived all issues on appeal and her appeal must be dismissed” because she did not file post-trial motions. Commonwealth Court Judge Dumas disagreed, holding that a RTKL enforcement action “is not a situation where post-trial motions had to be filed” because the complaint in mandamus was covered by “‘petition practice’” as set forth under the Note to Pa R.A.P. 3761.[3] Instead, “it is evident that the mandamus action filed by Appellant was in petition practice, such that post-trial motions were not necessary.”[4] While this is an unreported memorandum opinion of a single member of the Commonwealth Court, parties to a RTKL enforcement action potentially may not be required to file post-trial motions in order to preserve issues on appeal. (This post should not be considered legal advice. For more information or to discuss, Attorney Schnee can be reached at chadwick@schneelegal.com ). [1] Walker v. County of Bucks, 974 C.D. 2023 (Pa.Cmwlth. Jan. 31, 2024) (Dumas, J.) (unreported). The author represents the requester in this matter. [2] Id. [3]The Note provides Pa.R.A.P. 3761(b) provides the method for seeking compliance with a final determination of the Office of Open Records in the Commonwealth Court. This differs from proceeding in the courts of common pleas, where the method to obtain judicial review of alleged failure to comply with a final determination of the Office of Open Records may be an action in mandamus or other petition authorized by local rule. Capinski v. Upper Pottsgrove Township, 164 A.3d 601 (Pa. Cmwlth. 2017). Use of this petition is appropriate when the final determination was not appealed. If an appeal was taken and the order affirmed by the Commonwealth Court, enforcement is not of the final determination of the Office of Open Records, but rather of the order of the Commonwealth Court. [4] Walker v. County of Bucks, 974 C.D. 2023 (Pa.Cmwlth. Jan. 31, 2024) (Dumas, J.) (unreported).
A blurry picture of a city street with taxis driving down it.

Court rules agency violated Sunshine Act in amending agenda

By J. Chadwick Schnee, Esq. • December 15, 2024
The Pennsylvania Commonwealth issued a ruling on November 8, 2023 holding that an agency violated open meeting laws when it added the consideration of a collective bargaining agreement with its teachers union without first providing public notice. The case, brought by now-Senator Jarrett Coleman, alleged that the Parkland School District violated the Sunshine Act when it voted to approve a multi-year collective bargaining agreement with its teachers union when that item was not previously listed as part of a public agenda. In other words, the public had no prior notice that the collective bargaining agreement would be considered unless they happened to attend the public meeting. The case concerned 2021 amendments to the Sunshine Act that, until now, had never previously been interpreted by an appellate court. Specifically, this section, Section 712.1, provides as follows: (a) Official action.--Except as provided in subsection (b), (c), (d) or (e), an agency may not take official action on a matter of agency
A pen is sitting on top of a notebook next to a cell phone.

Employment discrimination in the workplace - Pennsylvania

By J. Chadwick Schnee, Esq. • November 15, 2024
Employment discrimination is a serious issue that affects many workers in Pennsylvania. If you believe you have been discriminated against in the workplace, you may be entitled to file a claim. The process of bringing an employment discrimination claim in Pennsylvania can be complex, but with the right information and guidance, you can navigate it successfully. In this blog post, we will discuss the steps involved in bringing an employment discrimination claim in Pennsylvania. Step 1: Understand the Different Types of Employment Discrimination Before you can bring a claim for employment discrimination, it is important to understand what constitutes discrimination in the workplace. Under Pennsylvania law, it is illegal for employers to discriminate against employees on the basis of their race, color, national origin, sex, religion, disability, age (40 years and older), or genetic information. Discrimination can take many forms, including: Refusing to hire, promote, or train an employee because of their protected status. Paying an employee less than other employees doing similar work because of their protected status. Firing or laying off an employee because of their protected status. Harassing an employee because of their protected status. Failing to provide reasonable accommodations to an employee with a disability. If you have experienced any of these forms of discrimination in the workplace, you may have grounds for a claim. Step 2: File a Charge with the Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission Before you can file a lawsuit for employment discrimination in Pennsylvania, you must first file a charge with either the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC). The PHRC is a state agency that handles discrimination claims in Pennsylvania, while the EEOC is a federal agency that handles claims under federal law. To file a charge with either agency, you must complete a form that provides details about the discrimination you experienced, including when it occurred, who was involved, and how it affected you. You must file your charge within 180 days of the discriminatory act, or within 300 days if the discrimination occurred in a place with its own state or local anti-discrimination law. Once your charge is filed, the agency will investigate the matter and may attempt to mediate a settlement between you and your employer. Step 3: Consider Mediation In some cases, the PHRC or the EEOC may offer mediation as an option for resolving your discrimination claim. Mediation is a process in which a neutral third party works with you and your employer to try to reach a mutually acceptable resolution. Mediation can be a faster and less expensive way to resolve your claim than going to court, but it is not always successful. Step 4: File a Lawsuit If mediation is unsuccessful, or if you choose not to pursue it, you may file a lawsuit against your employer. To file a lawsuit for employment discrimination in Pennsylvania, you must first obtain a right-to-sue letter from the PHRC or the EEOC. This letter gives you permission to file a lawsuit in court. In your lawsuit, you must prove that your employer engaged in discriminatory behavior and that this behavior harmed you in some way, such as by causing you to lose your job or suffer emotional distress. You may also be entitled to damages, such as lost wages, emotional distress, and punitive damages. Step 5: Seek Legal Representation Bringing an employment discrimination claim in Pennsylvania can be a complicated and time-consuming process. To give yourself the best chance of success, it is important to seek the assistance of an experienced employment discrimination attorney. An attorney like J. Chadwick Schnee, Esq. can help you navigate the legal system, gather evidence, and present your case in the most effective way possible. In conclusion, if you have experienced employment discrimination in Pennsylvania, you have legal rights and options. If you need to find a discrimination lawyer near you, Contact attorney Schnee at 717.400.5955 or chadwick@schneelegal.com to learn more.

What is a cease and desist letter?

What Is a Cease and Desist Letter, and What Should You Do If You Receive One?

Published by J. Chadwick Schnee, Esq., Schnee Legal Services, LLC, Lititz, Pennsylvania


You open your mail or email, and there it is: a letter from an attorney, addressed to you, with the words "cease and desist" at the top. Your first reaction may be alarm. Your second may be confusion. Before you do anything else, take a breath. A cease and desist letter is not a lawsuit. It is not a court order. It does not, by itself, obligate you to do anything. What it is, however, is a serious communication that deserves a serious and careful response. This post explains what a cease and desist letter is, what it typically demands, and how you should approach it if one lands in your hands.


What Is a Cease and Desist Letter?


A cease and desist letter is a written demand, typically sent by an attorney on behalf of a client, asking the recipient to stop a particular activity and to refrain from engaging in that activity in the future. It is a private communication, not a legal filing. No court is involved at the stage the letter is sent, and receiving one does not mean you have been sued or that legal proceedings have been initiated against you.

That said, a cease and desist letter is almost always a signal that the sender is prepared to escalate to litigation if the recipient does not comply. Think of it as a formal warning shot: an opportunity for the dispute to be resolved without the expense and disruption of a lawsuit, but also a clear statement that the sender considers the matter serious enough to involve an attorney.


What Do Cease and Desist Letters Typically Demand?


The specific demands in a cease and desist letter depend entirely on the nature of the underlying dispute. Common categories include:

•      Defamation or false statements: The sender alleges that the recipient has made false and damaging statements about them, whether in print, online, on social media, or elsewhere, and demands that the statements be retracted and that no further statements of the same nature be made.

•      Intellectual property disputes: The sender alleges that the recipient is infringing a trademark, copyright, or patent, and demands that the infringing activity stop immediately.

•      Harassment or unwanted contact: The sender alleges that the recipient has been harassing them or making unwanted contact, and demands that all communication cease.

•      Breach of a contract or non-compete agreement: The sender alleges that the recipient is violating the terms of a contract, often a non-disclosure agreement or a non-compete clause, and demands compliance.

•      Business disputes: The sender alleges unfair competition, misappropriation of trade secrets, or tortious interference with business relationships, and demands that the conduct stop.

In nearly every case, the letter will include a deadline by which the sender expects a response or compliance, along with a statement of the legal consequences that will follow if the demands are not met.


What a Cease and Desist Letter Is NOT


Understanding what a cease and desist letter is not is just as important as understanding what it is.

It is not a court order. You are not legally required to comply with it simply because it was written on attorney letterhead. A court order, such as an injunction, is issued by a judge and carries the force of law. A cease and desist letter does not.

It is not a lawsuit. Receiving one does not mean you have been named as a defendant in any pending legal action. It means that someone is considering their options and wants you to know it.

It is not necessarily based on valid legal claims. Cease and desist letters are sometimes sent as intimidation tactics, designed to pressure recipients into compliance regardless of whether the underlying legal theories would actually survive scrutiny in court. In Pennsylvania, the new Uniform Public Expression Protection Act, also known as Act 72 of 2024, provides important protections for people who receive legally questionable demands aimed at silencing protected speech. More on that in a separate post.


What Should You Do If You Receive a Cease and Desist Letter?


The most important thing you can do when you receive a cease and desist letter is to consult with an attorney before you respond. Resist the temptation to fire off a response on your own, whether that response is compliance, defiance, or something in between. What you say in reply, and how you say it, can have significant legal consequences.


Do Not Ignore It


A cease and desist letter that goes unanswered almost always leads to escalation. Even if you believe the demands are completely without merit, ignoring the letter signals to the sender that litigation may be the only way to get your attention. It also eliminates any chance of early resolution on favorable terms.


Do Not Immediately Comply Without Understanding What You Are Agreeing To


If the letter demands that you sign an attached acknowledgment or agreement, read it carefully before doing anything. Some cease and desist letters are accompanied by proposed agreements that, if signed, could bind you to obligations far beyond simply stopping the activity at issue. An attorney can review any proposed agreement before you put your name on it.


Preserve Relevant Documents and Communications


Once you receive a cease and desist letter, you should preserve all documents, communications, and records that may be relevant to the dispute. This includes emails, text messages, social media posts, contracts, and any other materials that relate to the conduct at issue. Destroying or deleting relevant materials after receiving a cease and desist letter can create serious legal problems, including sanctions in subsequent litigation.


Assess the Merits of the Claims


Not all cease and desist letters are created equal. Some are based on strong legal theories and credible facts. Others are overreaching, legally questionable, or outright baseless. An experienced attorney can help you assess the actual legal strength of the claims being asserted, which is essential to determining how to respond.


Craft a Considered Response


A well-crafted response to a cease and desist letter can accomplish several things at once: it can set the record straight on disputed facts, put the sender on notice of your defenses, demonstrate that you are taking the matter seriously without admitting any wrongdoing, and open the door to a negotiated resolution. It can also preserve important legal defenses that might otherwise be waived if the matter proceeds to litigation.


When the Letter Might Be a SLAPP


If you received a cease and desist letter in connection with something you said or wrote about a matter of public concern, about a government body, about a public official, or about issues being considered in a public proceeding, Pennsylvania's new anti-SLAPP law may be highly relevant to your situation. The Uniform Public Expression Protection Act, Act 72 of 2024, provides immunity from civil liability for certain protected public expression and includes a fee-shifting provision that can require the party bringing a baseless claim to pay your attorney's fees.

Schnee Legal Services has experience with exactly these kinds of situations. If you are facing a cease and desist letter that feels more like an attempt to silence you than a legitimate legal claim, that is worth a serious conversation.


The Bottom Line


A cease and desist letter is a serious document that deserves a serious response, but it is not an emergency that requires blind compliance or immediate panic. The right response depends entirely on the specific facts and legal theories at issue, and that is exactly the kind of analysis an experienced attorney is equipped to provide.

If you have received a cease and desist letter and are not sure what to do next, Schnee Legal Services, LLC is here to help. We represent clients throughout Pennsylvania in defamation disputes, business conflicts, and free speech matters. Reach out through schneelegal.com.


J. Chadwick Schnee, Esq. is the principal of Schnee Legal Services, LLC, a Pennsylvania virtual law firm. He can be reached at chadwick@schneelegal.com


 https://youtu.be/0vfsv-siBa8

The Importance Of Transparency In Municipal Law

By J. Chadwick Schnee • January 1, 2026
The Importance of Transparency in Municipal Law
A judge 's gavel is sitting on top of a piece of paper that says we the people.

PA's Anti-SLAPP Shield: How We Won $6K+ for a Client's Free Speech Rights

By J. Chadwick Schnee • August 1, 2025
PA's Anti-SLAPP Shield: How We Won $6K+ for a Client's Free Speech Rights
Show More