>> national oil well varco. >> brian kelly? >> canadian pacific. love it as a way to play the crude oil. >> fed-ex, long this name, opportunity to expand margins. >> that's it for us. "halftime's" over. the second half of your trading day begins now. thousands of those locked up facebook shares now unlocked and by the look of things wall street has been selling big time. look at facebook. down another 5.5% right now at just two pennies over $20. i wonder what mr. zuckerberg is skiing today. apple dropping in to your living room. yes, it does. we will have their plan and talk about how likely it is. they seem to be wooing some of the big cable companies. now, a new worry that you need it to be aware of if you have to go to the hospital. we're talking about a super

bacteria that is actually killing tens of thousands of people a year. but there is a low-cost and easy solution. more on that coming up. but first, sue's back from chicago. and she's back at the nyse. >> good to be back home and starting with big trouble for facebook. the stock hitting a new all-time low, down almost 6% on the trading day right now after the lock-up period ends for several of the key insiders firms and insider individuals. since the may 18th ipo the stock down 47%. julia boorstin joins us live from los angeles and following the story for us. hi, julia. >> reporter: sue, today investors can sell 271 million shares and putting the stock under serious pressure. volume spiked today over 100 million facebook shares have already exchanged hands. that's up 160% from the 10-day average. now, we don't know yet which

insiders are selling because s.e.c. filings for today's sales aren't due until the end of the day on monday but the list of potential sellers includes early investor peter thiel and elevation partners and greylock partners and tiger global. microsoft could sell but with the partnership with facebook it's unlikely to. dst is on the list with goldman sachs. goldman bought in at a $50 billion valuation, more than the current market cap and waiting the' what they decide. leading in to the expiration, facebook short tons rise with 4.7% of shares outstanding on loan to short sellers, more than 50% higher than a month ago and more than the s&p 500's average. today's expiration is just the beginning. a much bigger test will come in mid-november when the lock-up expires on 1.2 billion shares. sue? >> julia, thank you very much. jeff k ilburg is our stock

man this year. you were high on the stock when it listed. you bought in, you bought more in the high 20s. what are you doing now and does it question to you whether mr. zuckerberg is the right ceo for the story here? >> tough story here. there's a lot of pressure on mark zuckerberg and the company and seeing the 271 million shares, a knee-jerk reaction. 19.69 the le on the stock today and a long-term play, sue. i love the pressure that's now placed upon these geniuses so therefore this could be a bottom but like julia said earlier, that november 1.2 billion block, that's a big hurdle. i still like facebook. >> kenny pulcari will react in a minute. standing next to me going like this. wait. wait your turn. coming up in a minute. if you were a facebook insider and your lock-up ended today, what would you do?

would you sell today? go vote at finance.yahoo.com. ty? >> terrific. can't wait to hear what kenny has to say. the markets up, up and up today. the dow and s&p and nasdaq. let's take a look at the numbers. the dow after a kind of limp start up 71 points right now. the s&p 500 up 8.1 at 1413 and the nasdaq composite higher by nearly 26 points. back above 3000 where it's been sitting past few days. s&p's 2012 intraday high, 20 points shy of that. it's also closing in on its closing high of the year. see if you can remember what that was. 13,279. jeff cox has an article today on how stocks ugh last year are actually leading the way this year. who are they and why? >> well, they're the company that is did really well.

they're doing really poorly this year as you said. the companies hammered last year, the sprints, the pulte's and knocking it out of the park this year. dividends. dividend payers aren't doing so well this year and it would seem to be a great safety play. also doesn't matter market cap or sector. just look at what got hammered last year. this is the play this yore. >> is this basically a reversion to the means or fundamental reasons why they have come up? >> this is just a basic rotation. you had the weird year last year and s&p finished almost flat for the year. just pretty much okay. let's find out what wasn't working and work this year. >> read more on cnbc.com. jeff cox, thank you very much. sue, find out what pulcari has to say. >> do you agree it's rotation or more at work? >> i think he is right. the stocks are hammered and almost a reversion back to the mean. you know, reminds me of the dogs

of the dow, theory. once a year you go back to pick the worst performers of the dow, following year, the better performers. kind of in that theory. makes perfect sense. you have to do your homework, though. >> that's right. this market has not been traditional, if you will. >> absolutely not traditional. at all. right? >> how do you play it then? quhald you be looking at in terms of sectors to perform? >> i'm a more conservative type of investors, right? i like the big name americana stocks. i like dividend-paying stocks. i like the banking sector. i do like the banking sector long term and talking about is more long term versus day trading i'm assuming, right? >> right. >> i tend to go for big infrastructure names and americana dividend paying stocks but that's my style. >> all right, ty? >> jeff, he talks about the dividend payers. you said it's a crowded trade and a lot of people have been buying them up. >> sure has. i talked a while back about the dogs of the dow and glad he

brought that up because those are the stocks that you would think investors would be going for that because you're looking for yield. trying to find something that even the high yield bond's a crowded trade right now. you think they get the crash flow and i think it's sort of reflects kind of a real misdirection as far as investors go. low volumes here. people uncertain. so they're trying to find value. >> all right. >> you know, i'm gong to get kenny's final thoughts but you were going nuts about facebook a few minutes ago. >> listen. >> you were a little cranky this morning so i understand. >> i was a little me lalancholyt the way it was played up for months to it. if you didn't get in on day one you would never get in. going to miss the opportunity. bringing the stock to the market. >> right. >> and where did they think it would go? then we had the issue of the

lock-up. but i think the guys thought they were selling it up at $80 and $90 a share because everyone had to have it. been there, done that. we've seen this story before and look what's happening. right? i'm not necessarily sure it's a commentary on the stock. or mark zuckerberg but it's so blown out of proportion. >> peak of social media you think? >> possibly. >> okay. when's the recipe for tonight? >> comfort food. shepherd's mood. >> you seem to be feeling better. >> it is a great dish. >> okay. great. back to you. >> he makes me hungry every time. walmart and dollar tree bucking the trend trading lower after number this is morning. find out why. courtney reagan with the look at the discount on the discounters. >> walmart noting the paycheck cycle and spending even if

cautiously. for the second quarter, the world's largest retailer beat the street by a penny. revenues light of expectations though without the currency impact of that stronger dollar revenues would have come in this line. now, the world's largest retailer upping gings and narrowing the range for the full year and the key u.s. comp store sales increased for fourth straight quarter. on that conference call, management noted that july was one of the strongest months of the year and season to date back to school apparel categories up 7%. now, dollar tree beat the tree by four cents with sales in line with expectations. the high expectations for comp sales is one taking the wind out of the shares today. they don't seem to be concerned. they like the long-term trend. sue? >> court, thank you very much. "the new york times" reporting this morning that former mf global ceo jon corzine likely will not face charges.

rick santelli as you know watching this from the very beginning and interested to hear your thoughts when you read this type of headline, ricky. >> yeah. you talk about being afraid and getting surprised on halloween. that was just a horrible, horrible scenario. halloween of last year. and as i look back and talk to traders, they're so disappointed. they're so upset. but yet, they're not in a state of despair. james catulis doing this pro bono that represents literal ll thousands of mf customers said he is not, n-o-t not going to give up on pursuing a criminal indictment in court. i think down here right or wrong that what comes out is two fold. if you think about it in a cross benefit analysis it seems to cost companies a lot with absolutely zero benefit and at a time discussing the blanks of

dodd-frank and hits to the heart of the matter. always fighting the last war. always doing too much with regard to writing these and they never seem to accomplish what they're supposed to. so many traders down here thought that crashing the plane loaded up with customer money in to a mountain would garner a criminal prosecution. 65 congressmen in the house signed a petition trying to get the department of justice to appoint an independent investigator. it is not happening. anthony scarmucci, he woe him on cnbc with sky bridge capital. all over business insider website today thinking corzine is a trader and a gentleman and giving money to a hedge fund and scott delacey here on the floor and the thoughts are different. what were your thoughts when you heard it today? >> well, i said not only maybe will i get my money back but the fact that the three months of

work lost and commissions, i wish i was in his club. >> yeah. no. jon corzine is an ex-senator, ex-governor. well connected. i walk away thinking if you're one of those elites you're above the law. back the you. >> i think you have a lot of company in that thought, ricky. thank you very much. meantime, there's a diplomatic stare down between great britain and ecuador. we wikileaks founder at the heart of it. they're offering him asylum. the british government says it won't allow him safe passage out of the country. he's ultimately trying to avoid extradition to sweden wanted for questions on alleged sex crimes. new numbers suggest the housing recovery is creeping along. housing starts dipped in july and all may not be lost. diana olick is here with more on that.

>> reporter: you're right. the starts numbers did miss expectations especially single family but the building permit numbers of july far brighter. take a look if you will. building permits are less volatile and single family rose a strong 4.5% of june. multifamily up over 10%. behind the surge may be an easing of credit for builders largely frozen out since the crash. construction loans were and are still hard to come by. pnc bank announced last month getting out of the construction loan business. that led to the bigger public guys with gaining market share. but credit is actually opening a little bit again. wells fargo announced yesterday of forming a home builder banking group for clients on the east coast, texas and the midwest and the group's leader said it's an improving market to be entrepreneurial looking for

new business opportunities. local builders are mixed. we had one in texas saying that credit is easing rapidly but we spoke to one in south carolina who said not so much. and even bird anderson admits there's some credit out there, just not a lot. we have more on the blog. tyler? >> thanks very much. let's go to brian shactman for a market flash. >> i refinanced. don't get me started on that stuff. illinois tool works at a 11-year high today. itw. they die vested about 52% of the construction and this is a bullish move for them. of course, with jack welch's group. buying that 51% stake for about a billion dollars. they're going to use that cash to buy back shares and deal with some other elements of their business. right now, it is up almost 3%. sue, back to you. >> thank you very much. up next, apple tries to grow a tree in your living room. we've heard it before, certainly. but this time there's a new

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well, the battle for your living room is taken quite an

interesting turn. front page story in "wall street journal," apple's new front in the battle for tv, reports that apple is talking about developing a new set top box. here's how the relevant stocks are trading on the session. apple up. tivo up almost 2% on the trading session and netflix is up 1.7%. with us is jon fortt and julia boorstin. ladies first, julia. you know, it seems apple is capitulating a bit saying we'll join those. >> if you can't beat 'em, join 'em, right, sue? >> why. >> seems like rumors and exec thags that apple's going to transform television. allow people to cut the cord and still get what they wanted from tv. what we're hearing here is that's not the case. apple may be transforming the people experience television but it sound like it's not changing the way people pay for television which is in bundles

and who gets paid and the way it's distributed. it seems like people continue to pay whether it's time warner cable or comcast or perhaps even a directv and continue to pay those companies and then the media companies for a bundle of content. >> do you agree, jon? what would be the tactics of apple to this end? >> i agree that apple's probably not trying to disrupt the even tv model. i'm not buying the set top box. the reason is that's just an incremental step beyond what they have now with a little $99 apple tv bc place and what apple aims for is an object of lust. nobody lusts after a set top box. plus they have got a huge amount of purchasing power in displays. nord h not hard to make a bigger display so they've got to go for something high margin. they probably want to do a deal with a cable provider.

similar to the deal they did with at&t for the iphone off the ground. they have to get close to the network to control the customer experience. >> julia, do you think there's one company out there a better fit with apple? not just in terms of product but in terms of the culture, the relationship that would have to be developed between the two companies? >> there's a lot to be addressed before the issue of the culture, namely, work with a company of internet service also. time warner cable and comcast, they have those broadband pipes and deliver that broadband. directv, dish, that would be a little bit more complicated because they make the internet deals but dealing with a comcast or time warner cable, they're companies that are organized by region. so, if you're apple, you need to make a deal with the time warner cable and comcast and perhaps others to fill in the holes. >> all right. thank you both very much. comcast down a tenth of a percent is the parent company of

nbc and cnbc. thanks, guys. now to brian shactman. brian? >> data storage, fusion io. coming out saying emc might have to go out and take this company out. you see the bid up on the stock, about 6.3%. the stock trading at 27.99. they have a $31 price target. back to you. >> thank you. we'll analyze the analyst. on the list today, abercrombie & fitch and sina corp. an upgrade and downgrade on both. we'll find out which of the analysts have it right. a few more big movers for a thursday in the summer. the markets keep moving.ou] make sure the news keeps coming with thinkorswim by td ameritrade. use the news links breaking stories with possible breakout stocks, options with potential opportunity, futures and forex with in-depth analysis. it's an all-you-can-eat buffet for all things trading.

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get two times the points on dining in restaurants with chase sapphire preferred. time to put the analyst on the couch and analyze them with jeff kilburg. a day of duelling analysts. let's go to the first one first. upgrading the choi nees internet company sina to a buy from neutral. jeffries goes the other way downgrading sina, excuse me, to a hold. not downgrading seema mody. sina to a hold from a buy taking time for a meaningful fee-based revenue to gain traction. who's right? shares up 12% today alone. >> wouldn't life be boring if we all agreed? this is a horse race. two separate analysts. explosive growth with sina. one of the components is the we

bo. that's the twitter. it's in the allowed over there. 10% of the sales. they're really growing that and charging, implementing fees to users for that. this stock is continuing to go up, up, and away. >> similar move today with abercrombie & fitch. wedbush says better earnings visibility and compelling valuation. mackquare downgrades them saying the brand is deteriorating and uncertainly hon to fix it. which is right? shares as you see they have had quite a slide over the past year. >> they have had a slide but webbush is right here. they have gotten the inventory aspect of the business you should control. i think this is a retail sales story. they hit the cover off the ball. high volume trade yesterday. they'll continue to move seeing

the economics from the retail continues to grow. >> you like the sales numbers? >> i do. the clock is counting down on the metals market. plus, details on the bacteria linked to more than, yes, 30,000 deaths a year in the u.s. and it's coming from a place where you'd least expect it, a hospital. stay tuned for more. [ male announcer ] aggressive styling. a more fuel-efficient turbocharged engine. and a completely redesigned interior. the 2012 c-class with over 2,000 refinements. it's amazing...inside and out. ♪ join mercedes-benz usa on facebook for the best summer sweepstakes.

welcome back. gold prices are closing right now and it's positive almost in every metals market that you take a look at today. bertha coombs is tracking the action at the nymex and bob was saying there's a rally in the euro, as well, and i'm sure influencing the metals markets today. >> it is. seeing with gold in particular movement in line with the rest of the market despite the sort of bearish news out of the world gold council and global demand down 7%, led in no small part by a sharp drop in demand in india with the strong dollar in the second quarter, gold prices were way too high and the indians didn't step up to buy. folks say this is a seasonally strong period for gold. today, we are seeing a little bit of the benefits in terms of

the dollar strong and the metal complex higher. continued hopes for stimulus and chi yeah's premier says there's more room for action. gets the closing number now on gold closing at a one-week high. look at platinum, now reacting to what's been a week of violence down at a mine in south africa. the third largest platinum producer. the company has now said it will not meet its production numbers this year. it's lowering its outlook. there were shots fired by police, several people killed. the company has now issued an ultimatum to striking workers to get back to work, some of that violence, sue, due to the fact of two rival unions apparently trying to get both sides to join their side and trying to find a contract but nonetheless it's unclear what's going 0 happen in

that mine and the platinum market now reacting to this looks like an extended outand at that mine. back the you. >> indeed. up about 40 bucks on the day. bertha, thank you so much. to the action here. bob pisani joins me. you said it's a melt-up. >> we're not going to complain about the volume. everybody is and nobody does anything. pretty simple. we have the euro rally. weaker dollar. that's helping material stocks, industrials, all those risk-on trades we like to talk about here. there it is. techs, materials, industrials and energy. what else do you want? europe is calmer w. this melt-upper with talking about, four-year high on the s&p 500 which is what matters is 1,419. away from a new high. the closing high. i think 1422 the intraday and the same thing with the dow

industrials. i think 100 points away from a four-year high in the dow industrials on a closing level. a lot of other groups are lagging here. the small caps and the mid caps lagging, as well. we are a few percentage points away from new highs on the russell 200 and more importantly, perhaps, transports, a considerable lag ward. we're 4% or 5% from the new high on the transports. that's a significant gap. 0% on a new high and dow industrials and 5% on the transports. >> i find that more concerning than the lack of volume. i want to see confirmation of the transportation index but you know what? we're still -- >> swidways for a while here. new high on light volume. you can make money on light volume. >> yeah, you can. bob, thank you very much. all right. news flash right now. brian shactman with it for us right now. >> we talked about nu skin enterprises. a noted short seller with

negative comments on the china business. yesterday the cfe defended the china business and now they come back with more negatives calling the business illegal in china or at least part of it. down almost 4%, 8.5% in the last week. back to you. >> okay. thank you, brian. seema mody at the naz dk and the nasdaq is outperforming the dow today, seema. >> that's correct, sue. all about cisco and the strong quarter and fueling the nasdaq and the big hike to the dividend. investors always a fan of companies returning capital to shareholders and a nice lift to the broader networking economic sector looking at f-5 networks. sticking with tech, look at net app. the net profit fell 54% but that was in line with street consensus and the pop of shares and switch to bio tech. that's a big loser today hit

after the fda put its hepatitis c drug on a partial clinical hold. back over to you. >> seema, thank you very much. tracking the action at the cme. hopefully chicago with the warm welcome you deserve. traders excited the see you on the trading floor. lock at a pattern of late, seems like right around midnight, 1:00 in the morning eastern, selling pushing the yields up to the highest levels of the day. not lost on our markets. it is our markets. look at the 24-hour 5-years around midnight. around 86 basis points. still higher than they settle yesterday but still several basis points lower. same is true of a chart of r-10s. midnight to 1:00 lately, the most selling. highest yields. here's where it's fascinating. go back to may. see how we're comping.

two charts most popular today and can give viewers an extra way to trade equities, look at the six-month chart of the ibex. spanish stock market and now switch it to the 10-year over the same six months. identical chart. if you're hoping that europe gets better along with ours there might be an unintended consequence and more of a jump in interest rates. back the you, tyler. >> all right. thank you very much. according to a "usa today" investigation a super bacteria of cdif is killing tens of thousands of americans in hospitals every year. because hospitals aren't required to list it as the cause of death, those numbers could be even higher. dr. william shaftner is a doctor at vanderbilt university. how alarmed should we be about this? >> it is a serious problem and those of us who care for patients with infectious diseases know about that and

instituting very rigorous infection control programs in hospitals to make sure that patients don't acquire this infection. >> what kind of infection is it? where does it come from? how do you treat it? >> yeah. these are bug it is a reside in the gut in small numbers but then when we're exposed to antibiotics that kill off all the others these splurge and then they cause their damage, causing sometimes very, very see ve serious illness. it's not easy to treat. we can diagnose it and important to isolate the patients so that they don't transmit the infection to others. >> so it's really a naturally occurring bacteria that's brought out by treatments of other things? >> you have it right on the mark and it happens principally in hospitals and also in the community which means we should all be prudent.

those of us who prescribe antibiotics and careful of whom we give antibiotics, less is more. and as patients, we ought to realize we don't need an antibiotic every time we get a fever. >> are there ways to prevent in it a hospital setting, number one? and just out in the general population? >> prudence and the use of antibiotics is absolutely important. and then the second thing is, rigorous infection control policies within the hospital, isolation of patients who have it and rigorous hand hygiene. and interestingly enough, those hand hygiene gels don't work in this instance. we send everybody back to the sink. old-fashioned soap and water and a lot of rubbing. that's what we need. >> and how come -- why is it not required to be reported? in other words, is it underreported? >> it probably is underreported because it's frequently a contributor to illness and deaths that the patients have.

and it's not listed as the primary cause. >> all right. doctor, thank you very much. we appreciate it. sue? so mom was right, ty. wash your hands. that's the key. all right. let res cap the other big headlines driving the session. u.s. housing starts falling 1.1% in july. gains from the prior month also revised lower putting a damper on signs of a housing recovery. average u.s. rates rising for the third straight week staying slightly above record lows, freddie mac says the rate on the 30-year loan increased to 3.62%. and pulte group hitting levels not seen since may of 2010. shares traded up almost 6%. coming up as we continue, facebook shares dropping today. falling about 48% since its ipo. in the yahoo! finance poll, we asked if you were a facebook insider and the lock-up ended today, would you be selling the

stock? you can go vote. the results are up after the break. plus, "time" magazine is out with a global mobility poll. here's a stunner. by a 2-1 margin people would take their phone with them over their lunch if forced to choose. question is, would you? "power lunch" will be back in a minute. [ male announcer ] when this hotel added aflac to provide a better benefits package... oahhh! [ male announcer ] it made a big splash with the employees. [ duck yelling ] [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. ♪ ha ha!

welcome back to "power lunch." brian shactman here. the molycorp in the news again. issued notes and 1$150 million secondary offering and might say the stock's down 80% in the year. and trying to finish the big project of a new mine in california and the new processing facility and they told me, i just talked to the company. they want a conservative aprech to make sure enough liquidity.

costs have gone up and making sure that the project comes down, sue, because that's the thing everyone's waiting for. getting online at theened of the yore and see the revenues, they have it very clear the company should rebound sharply. we'll see. >> indeed. thanks very much. in today's yahoo! finance poll, we asked, if you were a look insider and the lock-up ended today, would you be a seller? 69% said, yes. 31% said, no. interesting. let's see when's coming up at 2:00 p.m. eastern time. >> hey there, sue. coming up, top of the hour, is old tech saving the market? we'll take a look at the resurgence of companies like cisco and whether or not they continue to power higher. plus, we've got the author of a new study welcoming at companies that pay their ceos more than the whole company is connected to pay in taxes. could the chinese slowdown be good for the united states?

lots of things coming up. back to you. >> thank you very much, mandy. counterfeiters aren't just creative in the knockoffs but finding ways to get the goods in to this country an their business model is growing by leaps and bounds. carl quintanilla reports for n cbs. >> reporter: at the mail facility outside chicago, more than 15,000 packages pour in every day. many of the shipments come from china. we watched as custom officer detected a staggering number of fake goods all inside of one hour. >> you get a whole set of pings right here. this is supposedly a louis vuitton purse. dr. dre earphones.

they say it's gifts but mostly likely in the flea market or sell it on craigslist or ebay. >> fascinating stuff. within the past two decades, the industry growing by roughly 1,700%. can authorities ever hope to shut down the criminals? find out tonight "the war on counterfeit goods" tonight at 9:00 eastern here on cnbc. sue? ty, a new survey from "time" explores how mobile phones are virtually indespencible to every day lives. most people can't seem to function for a single day without their wireless device. "time's" tom weber joins us from new york with details. welcome to "power lunch." >> thanks. good to see you, sue. >> what was the most surprising thing you found? >> i think it's extent to which the cell phone has become so deeply woven in to our lives. i mean, this is a gadget that basically no one had 20 years ago. now, one in five people told us

they check their phone at least every ten minutes. >> every ten minutes. and some of them actually sleep with the phone? either under their pill le or next to their bed? >> yeah. half of the people that we surveyed, this was a big global survey with qualcomm and half of the people surveyed said they keep the phone next to their bed and looking at young people, 24 and under, it's actually up to 80%. i mean, the young people just cannot live without their phone next to them. >> i was going to say, is this a generational thing, do you think? i mean, i know traders who sleep with their blackberries and their alert systems under their pillow but they're actively trading and part of the job. that goes with the territory. but people in my age group don't tend to do that. unless you're in that business. >> no. but i think for young people it's a different way of communicating and one place we really saw that was in the prevalence of texting. if you look five years ago,

texting was nowhere near usage compared to phone calls. you look at young people on the phones. they're texting nearly as much as they're talking. and they have to have it all the time. >> so give me your gut reaction to that and whether or not you think, you know, it signals a shift. you often think of teenagers and young people as, you know, very chatty. they tend to spend time on the phone and changing in a decided fashion and i'm not sure that's a good thing. >> no. we actually saw some numbers, you know, there was a substantial chunk of, again, particularly young people who would rather not talk. they would prefer to text you if they have a choice in how to communicate and my colleague katie steinbets wrote about the problems of a first date and not a conversation afterwards.

it's like a presentation when you're communicating by text. >> i know a lot of things to produce anxiety. the lack of a cell phenomenon i didn't think was one of them. i guess it is. thanks very much. >> thanks. >> ty, i'll text you. >> i was at dinner last night, sue. they were all on their phones texting and who knows whether they were texting one another? it was amazing. >> what happened to call me maybe? >> yeah, exactly. now you make me think of that the rest of the day. >> that's why i did it. johnson & johnson removing chemicals from the products by 2015. what in the world are they doing in the items to begin with? we'll tack about that news next. t that has changed the modern world... would define you as an innovator. to hold more than one patent of this caliber... would define you as a true leader. to hold over 80,000...

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welcome back. i'm courtney reagan. looking forward to gap earnings after the bell. gap shares gained 85% year to date after a decade-long turnaround effort. it appears gap is going that and resonating with consumers and shareholders, alike. the financial environment expects better merchandise and the cut back of store footprint

to translate to a decent quarter as competitors struggle. the gap has met or beaten estimates last four consecutive quarters and surprised with a 10% encrease of july same store sales and investors listening for commentary of back to school sales today. we want the know what's going on in the current quarter. tyler? >> thank you very much. power rundown" time with jeff kilburg. deal book says that jon corzine is thinking of starting a hedge fund. so, cindy, would you trust him with your money? >> oh, that would depend if i had money to give him. it's interesting. i probably wouldn't. and i think there's still animosity out there. a wall street blog put a question out there to readers today. what would you name the fund? there was a lot. they were brutal. things like muppet sucker fund or vanish and naked short

selling is so hot. but the thing is i think there still enough people that would, his friends. i talked to traders today saying there's more scrutiny against him and if he gets someone represe reputtable. >> you have friends affected. >> horribly, horribly affected by it. >> does the public need indictments or prosecutions of top financial officials to restore confidence in the markets? >> i think there has to be some sort of verification. so yes to that. i have friends who are traders at the cme floor group and they were banned from the floor. they couldn't liquidate positions. floor traders in chicago want him on the hook to swing at him. >> i take it you and none of your buddies put money with his hedge fund? >> absolutely not!

>> fazing out a chemical of formaldehyde by johnson & johnson. first company to make a sweeping pledge. if it's toxic to begin with, when's it doing in there in the first place, jeff? >> i thought it was embalming fluid. i didn't know it was in there. is it 2012 or 1912? i was blown away. talking about this before. you could have knocked me over with a feather finding out how much this is in the products. so right it's great and kudos for them to be thought leading here and why taken three years? >> it's a preservative, right, cindy, used in i guess small measures in some products. >> absolutely. but the thing is this isn't the kind of thing you expect in products you wash your baby with or hype alert generalic. wondering why the baby hasn't aged. bathing him in formaldehyde.

i say you know what it makes me feel like? a first date and the guy says don't worry i won't murder you and now that's all i can think about. i will have a hard time trusting them. >> people reading the product labels. 9 in 10 adults use mobile phones at work, play and even in bed. can we ever leave phones home without the -- i can't even get through this, i'm so blown away. our tn phone. >> sorry, sorry. had to grab it quickly. >> would you mind? >> honestly, my wife tells me all the time like another appendage. i'm very guilty of this. and we're seeing the younger people sleeping next to it. it's just a part of reality and now there's competition. do i grab an iphone or ipad? i'm cheating on the iphone with the ipad and crazy. you need to tune out sometimes though. >> guy uses the iphone on a date sitting there doing this. what do you think? >> it's funny. i wrote a story about this recently and polled the readers saying what would you do if your

company shut off your e-mail after hours? cut you off. you would think that people panic, right? not being able to be connected and people do but the run away winner of the question, the answers is would you panic, relieved or throw a party? the runaway winner is throw a party. like 50% of the vote said they would throw a party. people i think want to use it to connect to family. they want to use it to check the news, cute cat videos but a little overwhelming and we need more self discipline with the gadgets and talk to your wives. >> at dinner and sitting there and looking at your cell phone. how rude is that? a designated three-minute cell phone zone. >> i like it. >> right. one guy that tried, turned it off for a day and shut it all off and got panicked and figting and then said at the end of the day he had to talk to his wife. he goes it was a little weird at first and got the hang of it, tyler. >> imagine that. >> talking to the wife. >> thanks very much. and sue, down to you.

thank you very much, ty. thanks, guys. well, it has you know has been the summer of the shark in massachusetts. take a look at that. now another great white sooigting in cape cod bay. a big one. a fisherman was fishing for tuna when this fin popped up. they say this great quhit white 12 footer. a man was attacked in that area a few weeks ago. stay out of the water in that area. coming up in the next hour, ikea getting in the hotel business and other extensions coming up at 2:00 p.m. eastern time. i take insulin,

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chase sapphire preferred. there's more to enjoy. all right. let's get you up to date on markets. the dow holding on a gain of 72 points. the s&p is up and holding well above the 1400 mark at 1414. the nasdaq up almost a full percent on the trading session and the russell is up. jeff kilburg, 10-year yields up. what do i do? >> tbt, the ultra short etf. allows you to play the move and feels like going up to 2% as we