DHL Corporation and Subsidiaries - Page 83

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          foreign investors.  In that context, the foreign investors placed           
          a $50 million “value” on the trademark to infuse capital into               
          DHL.  Without first obtaining a valuation, petitioners’                     
          representatives reduced the value to $20 million for tax and                
          other purposes.  At one point, the DHL shareholders made a                  
          counteroffer of $100 million for the trademark.  After all of               
          that maneuvering, Bain was given the job of valuing the trademark           
          and supported the $20 million figure.  In this connection,                  
          respondent points out that, although the Bain “valuation” was in            
          the record and testimony offered in connection with it, Bain was            
          not offered as an “expert” in support of the $20 million value.             
          In that connection, petitioners did offer several other experts             
          who attempted to sustain the $20 million value.                             
               Considering all of the above, we hold that it was not                  
          reasonable for petitioners to rely on (or more properly hide                
          behind) the Bain appraisal or comfort letter.  If the parties to            
          the transaction had given the valuation to an independent                   
          valuation entity before any values being placed on the trademark            
          by the parties and/or not advised the evaluator of a value, it              
          might have been reasonable for petitioners to rely on such an               
          appraisal.29  As this trial has again demonstrated, parties can             
          find experts who will advance and support values that favor the             
          position of the person or entity that hired them.                           

               29  We would find it difficult to believe that Bain                    
          independently reached the same $20 million figure as the parties            
          and/or their representative had already devised.                            



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