Last summer, we wrote about the stinging benchslap that Judge Loretta Preska (S.D.N.Y.; pictured), the highly regarded Manhattan trial judge, administered to Cleary Gottlieb, the highly regarded Manhattan law firm. Judge Preska sanctioned the firm for what she viewed as the improper attempt by one partner to dissuade a witness from attending a deposition. At the time, Cleary announced its intent to appeal.

And appeal it has. Writes Anthony Lin, in the New York Law Journal:

It was a matter of honor that brought Cleary Gottlieb Steen & Hamilton to the 2nd U.S. Circuit Court of Appeals Wednesday morning. Several lawyers from the firm, led by managing partner Mark Walker, were present in the ceremonial courtroom of the Daniel Patrick Moynihan U.S. Courthouse.

A matter of honor. Will there be a duel? Guns all around, says SCOTUS.

Well, maybe not a literal duel. But Cleary’s counsel, the distinguished Roy Reardon of Simpson Thacher, did mix it up with opposing counsel, Kevin Reed of Quinn Emanuel. As did the Second Circuit panel:

The 2nd Circuit judges asked [Reed] whether Kensington had been unreasonable in insisting that the deposition be held on Feb. 4 in Washington when a Paris deposition seemed a reasonable compromise.

“Everything would grind to a halt if lawyers couldn’t accommodate each other,” said Judge Miner.

“Everything would grind to a halt if everyone resorted to self-help as Cleary did here,” Reed replied. He later added: “You don’t go to the witness and say the sort of things [Cleary partner Jean-Pierre] Vignaud said, which can only have the effect of intimidating a witness and shaping his testimony.”

So the alleged attempt by Cleary to dissuade a witness from attending a deposition arose out of a familiar dispute over depo location. Perhaps the parties should have taken a page from Judge James Nowlin’s playbook, and taken it to midfield. Anyone up for a depo on a north Atlantic cruise ship?

Update: As noted over in the Community section, the sanctions against Clery Gottlieb were upheld by the Second Circuit. For more, see the New York Law Journal and the WSJ Law Blog.

Cleary Seeks Vindication in Appeal on Sanctions [New York Law Journal]

Earlier: Benchslap of the Day: Judge Preska Reprimands (Wait for It)… Cleary Gottlieb?