- 166 - 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.Page: Previous 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Next
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