Laura K. Davis, et al. - Page 28

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          no way responsible for the decisions made in connection with the            
          initiation or prosecution of these cases.  Ms. Lacorte agrees               
          with that description of her relationship to Mr. Jones.                     
               B.  Discussion                                                         
                    1.  Introduction                                                  
               We accept that Mr. Jones is principally responsible for the            
          decisions of counsel made in these cases, and Ms. Lacorte, his              
          employee, at all times worked under his direction and control.              
          We shall hold only Mr. Jones financially responsible for the                
          excessive costs we determine.                                               
                    2.  Requirements for an Award of Excess Costs                     
               Section 6673(a)(2) plainly imposes three prerequisites to an           
          award of excess costs.  First, the attorney or other practitioner           
          (without distinction, attorney) must engage in “unreasonable and            
          vexatious” conduct.  Second, that “unreasonable and vexatious”              
          conduct must be conduct that “multiplies the proceedings.”                  
          Finally, the dollar amount of the sanction must bear a financial            
          nexus to the excess proceedings; i.e., the sanction may not                 
          exceed the “costs, expenses, and attorney’s fees reasonably                 
          incurred because of such conduct.”  See Amlong & Amlong, P.A. v.            
          Denny's, Inc., 457 F.3d 1180, 1190 (11th Cir. 2006) (with                   
          reference to the analogous language of 28 U.S.C. sec. 1927).                

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