But critics argue that it unfairly burdens the vast majority of fair-dealing firms with extra costs, without actually tackling the bad business decisions that many of the corporate crimes of the dotcom era sought to cover up.

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Whereas a Cox presidency would be high on elegant deal-making, a Martin one would stress fair dealing.

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Gerstein notes that the industry is dealing with its fair share of challenges, as customers increasingly avoid brick-and-mortar establishments in favor of shopping online.

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