“Breaking: City of Fairfax school board fires lawyer for conflict-of-interest while coaches say they may forfeit games with Hayfield” —

• “Amid an outcry from local students, football players, and parents, the school board for the City of Fairfax—not the county—fired local attorney John Cafferky and his law firm, Blankingship & Keith, as its board counsel at a hastily called meeting late Sunday morning, citing a conflict of interest in the Hayfield Secondary School recruiting scandal, Fairfax City school board officials told the Fairfax County Times.”
• “What’s more, City of Fairfax School Board Chair Carolyn Pitches sent Fairfax County Public Schools board members a scathing letter on Sunday calling for an ‘external firm to conduct a comprehensive, unbiased investigation’ into the football scandal so that there could be ‘fairness, transparency, and accountability’ in the matter.”
• “The coaches wrote, ‘After thorough discussions and careful deliberation, we are united in considering various actions to include, but not limited to, a forfeiture of the playoffs should the ineligible team remain in the playoffs. This decision does not come lightly, as we understand the disappointment and ramifications for our athletes and supporters. However, we believe this course of action is necessary to uphold the principles of fairness and accountability that we are entrusted to teach. We are currently consulting with our parents, our community, and our players – specifically our seniors who have the most to lose.'”
• “The dramatic actions follow mounting criticism of the FCPS school board and Cafferky’s role in representing Hayfield’s parents and players in a legal effort to overturn a postseason ban on Hayfield’s football team. In late October, the Virginia High School League (VHSL) imposed the ban after concluding that Hayfield violated athletic rules by allegedly recruiting athletes from neighboring Prince William County’s Freedom High School.”
• “Fairfax High School, which is governed by the City of Fairfax School Board, was one of the eight teams impacted. Parents and community members soon started calling school board members, raising concerns about the school board lawyer’s alleged conflict of interest. On Saturday, local coaches met to discuss the next steps, and parents also met in heated discussions.”
• “The City of Fairfax’s decision to sever ties with Cafferky underscores growing concerns about potential conflicts and entanglements between Cafferky’s role as a representative for school boards, including Fairfax County Public Schools, and his legal representation of Hayfield football families embroiled in this recruiting scandal.”
• “The controversy dates back to Feb. 16, when Hayfield Principal Darin Thompson and Hayfield’s athletic director, Monty Fritts, named Darryl Overton, a former Freedom High School security guard and state championship-winning football coach, to lead the school’s football program. According to sources, Thompson and Fritts blindsided the school’s well-liked and popular coach, with the news they weren’t going to renew his contract. “
• “Shortly after that, VHSL said in its investigative report that an influx of student-athletes transferred to Hayfield, some from Overton’s previous school, Freedom High, others from private schools in the area, and another set from middle schools that weren’t feeders to Hayfield. This triggered an investigation by the VHSL, which enforces regulations against recruiting practices deemed unethical or unfair ‘proselytizing.’ The league concluded that Hayfield’s actions violated these rules, imposing a two-season ban on postseason play.”
• “At the heart of the issue is whether Hayfield engaged in inappropriate recruiting practices or if the VHSL’s actions were an overreach that unfairly targeted the school. In August, Fairfax County Public Schools Reid cleared the school principal, student activities director, and coach of wrongdoing, but VHSL pressed on with its investigation. “
• “The stakes are high, as the outcome of this legal battle could have lasting implications for student-athletes, coaches, and the broader community.”
• “For the parents, coaches, and students rallying to reverse the ban, their fight represents a broader struggle for transparency and accountability in the governance of high school sports—a fight that shows no signs of letting up. As the clock ticks down to the next scheduled hearing and with playoffs looming this Wednesday, the determination on both sides remains fierce.”

“Exploration Co. Opposes Atty DQ Bid In Fla. Shipwreck Suit” —

• “An exploration company being sued by an ocean salvage operation in a dispute involving a sunken Spanish galleon is pushing back on a bid to have its would-be attorney disqualified, claiming procedural rules haven’t been followed and that there is no conflict warranting the lawyer’s exclusion.”
• “Carl Allen and his company, Allen Exploration LLC, or AEX, said in a Tuesday filing that plaintiffs Daniel Porter and Maritime Research and Recovery LLC have never been represented by attorney David Concannon of Concannon & Charles PC in connection with the wreckage of the Nuestra Señora de las Maravillas located in Bahamian territorial waters as MRR has claimed.”
• “‘When he was retained by AEX and Mr. Allen, Mr. Concannon had never met Porter, nor had he ever heard of Porter or MRR,’ AEX said in opposition to Concannon’s disqualification. ‘Any assertion that Mr. Concannon represented or advised Porter and/or MRR regarding the central issue in this litigation — that is, whether Porter and/or MRR entered into an oral agreement with Mr. Allen and AEX in August 2021 to divide artifacts — is untrue.'”
• “While Concannon may have had discussions with Porter and MRR regarding another party’s potential claim to any recovered items, ‘he told them he could not represent them because he already represented Mr. Allen and AEX and there was a potential conflict of interest,’ the memorandum said.”
• “Allen and AEX also fault Porter and MRR for failing to respond within the appropriate time frame to Concannon’s motion to appear pro hac vice in the Southern District of Florida and argued that the court is free to grant the motion as unopposed. They further argued that Porter and MRR did not make the required ‘good faith effort’ to ‘meet and confer’ regarding their motion to disqualify.”
• “‘Instead, plaintiffs’ counsel, Jason Wandner, sent two very antagonistic emails to Mr. Concannon on October 21, 2024, when he knew the undersigned counsel was in trial and could not participate in any communications, and he never provided a time or date when the parties could meet and confer prior to filing plaintiffs’ motion and seeking the court’s intervention,’ AEX said Tuesday. ‘Defendants heard nothing further until they received this motion from the court’s electronic filing system. Accordingly, the court is free to disregard and/or strike plaintiffs’ motion and treat defendants’ motion as unopposed.'”
• “According to Allen and AEX’s opposition to disqualify him, Concannon had limited discussions with Porter after learning of his agreement with Spence to determine if his clients — Allen and AEX — had any liability because of the Spence agreement.”
• “‘During this conversation, and at all times material hereto, Mr. Concannon made it clear to Porter that he represented AEX and Mr. Allen, not Porter or MRR, and he was trying to ascertain what risk AEX and Mr. Allen had to claims being asserted against them by Dr. Spence,’ Allen and AEX said.”
• “In their counterclaim to Porter’s and MRR’s complaint, Allen and AEX said that, ‘Had they known about Porter and MRR’s contractual relationship with Spence, Mr. Allen and AEX never would have engaged in any discussions with Porter or MRR about the Maravillas or any other shipwreck on the Little Bahamas Banks.'”
• “Porter and MRR claim they are still owed millions of dollars for their share of the recovered treasure that was approved by the Bahamian government, in addition to other groups of recovered items that have yet to be reviewed.”