simon, back to you. >> let's have a quick check on the marx, meats another assault on s&p 500. will we get there before the end of the so, sue? probably not. >> maybe not, but hope springs eternal. thanks, simon. that does it for us on "power lunch." >> "street signs" begins right now. they will be eyes s&p 2000. i think simon must have looked at our rundown. yes, we are talking about stock records, but also earthquakes in napa. superman, and is twitter killing itself? a busy summer monday. starting with the latest. the strange of an executive on a diverted flight, and what mike the weaverer excuse you have heard in a divorce. >> now we know that the s&p hit

2000 for the very first time ever earlier today. 2000 may be just a number, but it can be more than that if we put it in context. thanks for the crab team at cnbc, the s&p first crossed above 1900 on may 13th. so it only took about three months to get from 1900 to 200. then it took the index about six months to go from 1800 to 1900. by the way, brian, technology? >> no, energy. the worst was telecom. there's the context for you so 14rek9 sieve hearing or the right way to go? >> it is the right way to go. we are the best play to invest in the world right now. that's one of the reasons that stocks have powered forward.

besides the s&p crossing 2000 for the first time we're within 50 points of a record on a dow, i think. 50 points away was the old closing high on the dow. in the last month we've had a nice rally. it's been broad. really in the last three months it's been brought. industrials, consumer discretionaries, staples, all up more than 4%. not just tech stocks moving things forward. energy is not here. that's been a laggard. why is that? that's one of the things helping market. people keep saying, why is the market up? we have really low oil prices. all those three things argue for the market stays higher. finally the one stock i am most impressed with. 2000 on the s&p in the last three months, intel is up 30%. not underarmour, intel.

for the stock market, and for computers, but that is a remarkable run for a company of that size. back to you. >> don't go away just yet, with all derespect to my co-host, we've been using this hopium concept, people calling us all kinds of names originally us because we dared to be optimistic on this program. well, the s&p 500 is up 53% since we first unveiled the hopium concept in june of 2011. in that time we have had negative headlines out of the europe pretty much every week and every point. can you imagine a time when there's good headlines in the next couple years? it seems we have a lot of problems, but all you've done is gotten burned. remember. >> it is stock market is a reflection of how corporate america is doing, and the global market as well, the global

corporate market is doing, and the corporate america has never been in better shape. the balance sheets have never been in better shape. there's never been a better time to borrow money at low interest rates. overall i'm agreeing, u.s. economy definitely has issues, but corporate america, is doing very well right now. >> indeed it is, thank you very much, bob. where is our summer correction? should we be more cautious? let's bring in our guests. we have linda disle. you say next stop 2100. >> yes. we've been bullish for s&p 2100 all year, and it's based simply on the continued earnings growth trajecto trajectory. so i don't know when the correction is going to be. i know it's supposed to be in the summertime on a seasonal basis, on a midterm election year basis, and we know most people are professionals, well,

we all know that fact, so maybe that means we'll catch our correction shun later in the year. >> we were talking a moment ago about the contribution of the health of corporate america, yet, 1, 2, 3, draghi, also yellen with dovish statements. not just here but around the world in markets. >> oh, for sure. we love good fiscal policy, very easy money, the stock market loves easy monday. what i say to our clients, at the end of it all. no mart what it is you are wore about. it's about corporate earnings. there's no doubt our economy continues to grow. what price am i willing to pay for them is usually based on the rate of inflation. that's a low positive number, truly a goldilocks situation. that's what we at federated investors have been talking

about. and it remains that way. yes, thank you for a slow economic growth rate that allows our central bankers tore giving us continued easy money. the market loves that. >> they have given us the gift. people say the stock market is only up because of the fed, yes, maybe, but they gave us a gift. some people took advantage. the other side, the alternatives stink, right? the bond market basically with inflation you're getting a negative if not just barely flat real rate of return. >> it's absolutely true. you know, i always tell people it's about me, i'm an aging baby boomer. me and my fellow boomers, we need sources of income. as much as we're at a secular bull for a stock, it's a secular bear for bonds. what am i supposed to bo about safe income? it's the high-cat dividend strategy. as we believe stocks go up and we believe there's a place for the dividend stocks, that's your -- as you say, the interest

rates el very, very low. rates will probably stay low ser than many, many expect. >> but so we are not accused of putting on our cheerleading outfits, hacked bring us undone? what could bring in rally to an end? >> again we've been saying at phet rayed investor we're in a secular bull market. we have said that since the bottom of '09. if we're right about that, the only thing that will bring us down in a recession. so i try not to pug on the rose will have krored glasses. >> wouldn't that just make toys central bankers bring out more tools all over again? >> it would, and the central bankers are dying to be allowed to raise interest rates so they have something to cut in the event of our next recession. >> but a recession is spending less. that would be the one thing i think that would destroy the stock market. >> recession would be a bad thing, and there is absolutely no evidence on the horizon that we are coming upon a recession.

it is all good. we don't need our cheerleading outfits on. it's true. >> dare you say hope-ium. thank you. now do the big deal of the day. one ikenings of canada may become the home of the whopper. burger king is in talks to buy tim horton's. sara was strolling by -- is there outraj in new york? is it delicious? >> i came here more, brian to find out what which cult favorite canadian coffee was all about. it turns out it is quite good, but you mentioned the political/tax concerns. if burger king ends up relocating from miami, its headquarters for ontario. it also would take the inversion trend to a whole new level and whole new industry outside of health care, showing it could be appeal for other consumer companies to do it as well. especially what we saw from

walgreen's and deciding not to relocate to europe. but there is more to this potential deal. that's really what i want to emphasize. number one, international expansion, this is something that the company cited in the prell release confirms the deal talks, that is burger king has chains all over the world. tim horton has a few hundred in the thus, but it is mostly canadian. that could be a way to really take tim horton's to a global scale. the portfolio is considered very attractive. the coffee is a favorite. that's a high margin business. it would be great for burger king to diversify. we sauce mcdonald's saying it would get into the packaged coffee business in grocery stores. you've also got doughnuts. we know that breakfast is one of the fastest growing fast-food

categories right now. so there's some appealing options here for burger king. that's what analysts say is a big part of the story. obviously taxes is a big deal. the corporate tax rate at least in canada 15%. that is a lot less than the u.s. rate, but they point out that burger king already pays an effectively lower tax rate. it doesn't have a lot of cash to repatriate, soie, why there are advantages, there are other advantages, too. perhaps that why both stocks are soaring today. >> they are indeed. thank you very much. sara. the question is whether or not it's a good thing for burger king. the stock is up 21%, will. the market seems to think it's a good deal. do you? >> i think it is you have 3g behind this, a very good allocator, but also good at managing corporate costs.

and then beyond that, tim horsen's is fairly underlevered, so they could essentially raise a decent amount of dead here and return that to shareholders. the rate in ontario, 26.5%. yes america's top line rate is 35, but burger king's effective tax rate is 27, where is the tax savings here? is it possible this is about strategy? >> i think there is some strategy there. that makes a lot of sense, and also the corporate synergies. i doubt you see much mixing or matching, you know, but taxes over time, burger king should move toward 35%. when, that starts to make more of a difference of 3g. >> you're mentions 3g.

for a lot of the investor, you're talking about the private equity firm. this morning on "squawk box", andrew ross sorkin mentioned it and thought is there a chance to use the pressure to bakley make burger king into a young brands, first tim horton's and then something else. do you see that as a chance it could happen? >> i think they could. they've stabilized burger king here in the u.s., they're growing 5%, 6% internationally. and so, yeah, this could become an international global plat much. and if you look at who runs these franchise heavy businesses the best, the corporate costs are kept very, very low, so they could take this model, expand it out further and return a lot of cash back to shareholders in the process. >> you've been a very busy boy, i see you also made the call to upgrade texas roadhouse. please tell me this is based on the fact you think these prices

will peak out and go lower. i love my steak. >> we think they finally could. if you look at texas roadhouse, they've been a consistent instrument outperformer. we just remained equal weight because of the beef overhang. we think the demand dynamics are in place for the herd starting to rebuild. then we see the other commodities start to move lower look with chicken, pork, et cetera. i think that should also bring beef down a bit. so there are a number of demands -- >> and sitting there at 2658, you you said the target price. thank you very much, will. a scary incident in the skies this weekend makes one thing very clear. it is time for social media safety education. >> and we're about to discuss the danger of leaving your digital footprints with tweets like, about to board the plane in dallas and head home. don't do that. we're back to tell you more about why. how do you beat the number one seed?

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sony playstation network was down yesterday after a likely hack attack. but it doesn't stop there. whoever did this also went after the company's president of online entertainment in a terrifying way. nbc news' pete williams has the details. >> this is really two stories in one. it does start as a conventional hacker attack on sony and three other popular online game sites by a group calling itself lizard -- rather, the lizard

squad, and it's not entirely clear what their beef was about the online gaming sites, but a standard denial of service attack, but then they found out that the kreismt o of online gaming world was goods to fly from dallas to san diego, so they sent out this tweet, which caused a considerable amount of concerned. it said american airlines, we've been receiving divorce that john smelledly's plane 362 from dallas to san diego has explosives on board. please look into that. american notified the plane, some f-16s from davis base in arizona were scrambled. they accompanied the flight. it was diverted to phoenix, no explosives were found, but passengers say john smelled sme the first person on the plane of he himself was on the plane

tweeting there had been a security threat and that the plane was landing. so the fbi is investigating this. takes it considerably beyond the realm of the usual kind of hack attack, but as you say, first the question was, how did they know he was on the plane? it turns out he was pretty transparent about his travel plans. secondly i should say that sony says the gaming sim is back working again and there's no indication that any personal information of any of is 15 million players was compromised. that's something of a contrast from the hack attack on sony in 2011 when some of the personal information back then of players was compromised. >> and he may owe american airlines an apology. he also tweeted that he hated that delays. and the delay was due to him. >> he mend i hate american for charging -- this is the ceo, by the way of a big company, i

eight that they charge extra for bags and food. >> i love the fact they land the plan in an unsafe situation and saved my life. i appreciate that, thanks, american, for saving everybody's life. a scary story for many involved, but it does go to show the risk of executives publicly highlighting where they go on social media. dan murphy is here with us. that was all the talk, obviously this hack attack, and luckily it looks like it was a hoax, but why is a high-ranking executive saying about to board are the plane and go here at this time. >> that sort of defies logic, the sort of thing that executives should not be doing, and a proper program in any organization would train them on that. many feel what they do on social media is between them and only who they want to hear it. >> what percentage do you think

have a policy. ? not everyone moves at the same speed. >> you know, you're right. it depends on the size of the company and how serious they take the security of their executives and people as well as their information. i wouldn't be able to give a percentage, but i would say it's mart of a smart effective protection plan. now, one of the things i do with working with any organization, i advise the executives against having social media that tells too much about themselves. photos of their family, security of themselves, vacation plans. many times it can be the children. even though the wife or husband, not the executive. >> but there was some investigative work i think done by the hackers, because i don't think -- i went back to the twitter timeline. he mentioned he was in texas. i'm not sure they knew he was in dallas. they figured out the airline and the flight number. they either guessed correctly, or hacked something else or figured it out on their own.

>> you know, that's something an investigation will determine. i will say that people who do this sort of activity are very, very smart, very good at what they do and capable of finding things out. there may have been other -- for all we know, he has a family facebook page and he posted it, or his spouse posted he's gone between here and there. it's not enough that the executives know, the families need to know as well. >> dan murphy, thank you for your advice and comments. >> thank you. right now california's napa region still assessing the damage of yesterday's earthquake. we're being to go live with an update. and how obamacare may take a big bite out of the your refund. we're going to explain that, next. ddy for defending our country. thank you for your sacrifice and thank you for your bravery. thank you colonel. thank you daddy. military families are uniquely thankful for many things, the legacy of usaa auto insurance can be one of them.

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to execute your trade in one second. i'm derrick chan of fidelity investments. our one-second trade execution is one more innovative reason serious investors are choosing fidelity. call or click to open your fidelity account today. josh lipton is live in napa. what's the situation like now? >> reporter: mandy, napa is bouncing back from a big earthquake. in fact the biggest to hit this hear in about 25 years. what that's going to mean for local businesses is actually still kind of uncertain. i was talking to the chamber of

commerce. they're trying to piece together and determine the extent of the fallout. i did catch up with one local restaurant owner who is back up and running. in facting to him as a long-term resident, he said the impact of an event isn't so much financial, but emotional. >> for me it's been more emotional. i've been here 33 years, floods, now earthquake, and to see my friends struggling and us luckily, we just had minor damage. >> ultimately the economic impact of an event like this can be pretty significant, up to $1 billion. that's a preliminary investment being put out by core logic. guys, back to you. some people are getting tad credits as part of obamacare could be in a big surprise next spring when they get or maybe don't get their tax refund checks. joining us is cnbc.com health

care reporter dan mangan. tell us more about this. you read the headlines, you might be thinking goodness me, what am i faced with? give us the details. >> that everyone gets some kind of subsidy should know that if they have any change of income or family circumstance, they need to right away, as soon as that happens go to healthcare.gov, go to their insurance provider and notify them they're making more modern or less money or they've gotten married or have had a kid. if they have a change in income or change in family circumstance, they could be entitled to less subsidy than they realized at the beginning much the year. that means on the back end they will owe more of a tax -- they will owe more in tax and less of a tax refund coming down the pike. >> who would be a candidate that would face this -- >> no, no, we know that 7 million or more people got some kinds of subsidy, some kind of

tax credit to help them bike obamacare health insurance through healthcare.gov or any of the exchanges. any person receives that kind of tax credit needs to let the government and the irs know that they had a change in circumstances, change in income. >> so evan income, i get a race halfway through the year -- >> yes. >> i've gotten the subsidies based on my previous income, but i don't let them know about the fact that i'm making more than i was. that could be a negative. >> a huge negative. it could substantially rye deuce your refund. the danger here is that they're going to go over a threshold where you will owe all of the subsidy back. most people that trigger this will not owe of entire subsidy back, but about 92,000 for a family of four, they could owe the whole back.

>> was this not something that was put in a warning sign, like the small print in advance? >> their tax code is 77,000 pages long. >> a lot of fine print. >> there's nothing simple about obamacare, nothing simp about the tax code. this has been reported at length, but the question is who are paying attention to it? >> you are, dan. >> okay. thank you very much, dan. >> my pleasure. we have another bit of good news for j.c. penney. that's in "street talk". later on, is twitter hurting itself, not because the haters and stuff we talk about, but because of something much more wovgy, but i promise you interesting. i promise. we're back after this. [bell rings]

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the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. j.c. penney getting some up side today to the tune of about 5% after analysts at jpmorgan made some positive commentary. i have to hear from jan rogers. odd call by jpmorgan, but still should make the bulls happy.

my issue with the call is the target is $11 if you're all bullish. nice day for -- so you see that, call it 7 on the upside. credit suisse racing the rating on its company. >> i guess they say it marks the spot. >> it does. >> x. price target doubled to -- from 25 to 50. analysts at credit suisse expect higher steel prices, raw material cost advantages that will position the company as one of the world's most profitable --. >> firm recently visited management.

they think the trial to nelyx could take 30% market share over time. we always end with an under the radar name. today is ever -- that's piper jaffray starts with an outperform, a slightly less bullish, but still well above the price target. they call this a pioneer in the gene therapy field, mandy. time now for talking numbers. let's look at the overall market. breaking above 2000 for the first time today. is there more room to run? jason robin of advisers on the fundamentals. ari, i'll start with you technically moisture horrid mojo if any does the s&p 500 have left? >> we think there's more mojo

left here we know it's a good trend, above the 100-day moving average. higher highs and higher lows. the question, of course, is does it continue to move higher? and all indicators we look at say yes. not just as important as it making a new high, was how it made the new high. really good leadership, so looking at the bottom panel of the chart, a relative ratio between high beta stocks verse low volatility stocks. the fact we saw a any high about by the ratio, investors still want to take risk, this is healthy. >> so jason, ari already asked the question low pressure will this market go higher? what do you think, fundamentally? >> i'm going to put a my technical hat for about five seconds -- saying about 2050 is meree vend target. technically i think that will be where it stops.

i do sigh it continuing to trend higher. fundamentally 486 companies have reported earnings. there was a 10% year over year growth rate. that's the highest number since fourth quarter of 2011. so fundamentally two key factors, low interest rates. undertoot. >> thank you to both of you. there are plenty tore talking out there. all you need to do is look online. >> meantime, look at shares of one of the day's big winner, enter mune. maybe you're in hawaii, kevin flynn, buying the company, 74 a share. by the way, this stock is up more than 300% since we interviewed the ceo back in january. >> that's right, you were doing the jpmorgan health care conference. you know, this guy said some

interest stuff, didn't he? >> he did. he was positive about the drugs and the possibility of the approval. obviously roach is very positive on the name as well. all right. here is the question -- would you be willing to say everybody dime you've ever made is a result of nothing more than dumb luck? one billionaire is doing just that. >> kind of humble brag, isn't it? a word now in the dictionary, but first the white house has announced president obama has not yet decided whether to use military force against isis targets. here's the question -- are there financial weapons we can use against isis right now? we're going to discuss that. stay with us. tdd#: 1-800-345-2550 trading inspires your life. tdd#: 1-800-345-2550 life inspires your trading. tdd#: 1-800-345-2550 where others see fads... tdd#: 1-800-345-2550 ...you see opportunities. tdd#: 1-800-345-2550 at schwab, we're here to help tdd#: 1-800-345-2550 turn inspiration into action.

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kelly evans will take you through the -- where are we? >> you get the point, kelly. >> i do. good afternoon. we've got big cross-border deals to focus on.

still reverberate iing you have european bond yields, the dow adding almost 80 points here. is whether the rest of the street in 1800 range will you the next to follow. >> thank you very much. we'll see if we can make up those three points just to get over the 2000 mark. the white house has just issued a statement the question is, does eye sit pose a direct threat. kind of a double barreled question. does isis pose a direct thread to the u.s. which might have called a

response? >> they made a statement to the obama administration and to the american people that they were ready to confront us directly. they do pose a direct threat, also a threat to the friends and allies, so we have to that requires a decide. >> with kell destroy isis? >> we can certainly support local fighters, who is the point of the speer in fighting isis, but they don't have a chance in the battlefield unless we are proactive with military strikes. when we launch strikes against the mosul dam, they were able to retake it, so i think we can prevent isis from moving forward. if we're going to go after them, it requires hitting them in syria, and we haven't crossed that rubicon. >> beyond the tragedy of mr. foley, when you say they do

present a direct threat to the united states, what form would that take? obviously when you say that, people have very bad visions of the past coming to the fore here. >> that means they have u.s. passports. the terror tactics that they are learning in iraq and syria they could bring home in order to launch strikes. there are 500 british citizen, 900 french citizens. it's all western countries at risk. i mean, with all due respect to the kurdish peshmerga who have been supporters primarily, what's the risk from ten years from now, we give them our weapons and we're not fighting them? when isis took control of mosul on june 10th, the iraqi army fled and left them with all the

of the sophisticated weaponry, all made in the usa, which they in turn used against the kurds. that's how they were able to ramp up these huge real estate gains and came right to the doorstep of erbil. we don't have to worry about arming the kurds and them turning on us. the kurds of pro-wergs, pro-civilization, pro-american. we need to worry about isis controlling territory, owning oil and financing a worldwide jihad. >> we had a gentleman on about a week ago saying the problem here is financially, it's difficult to cut their funding, because they're funding from various, i don't know, piracy operations, like robbing banks slavery, they kind of thing. >> it started as just a criminal gang. now it's a very well financialed operation. they control oil wells in raca,

loading food onto trucks and selling it for $25 a barrel to the regime of president assad in damascus they seem like pirates. >> they are a bigger criminal gang than they were a month ago. sings they declared themselves an islamic state and announced a caliphate in all territories in syria and iraq, they have declared for themselves a regional ambition, which is greater than just fighting assad or counters the kurds. >> do you believe that? i could say i'm aquaman. you can say whatever you want to mask their other, you know, desires and demands. >> they walk the talk. they've shown as ability to have strategic and tactical objectives and to fight effectively in the battlefield. if u.s. weren't arming the kurds and launching air strikes, isis

would have rolled up much more territory than to date. >> very quickly, what do you think are the chances we'll see u.s. air strikes in syria. and would you recommend a that? if. >> if the white house decides they want to destroy isis and not just contain it, we have no choice about to launch air strikes. >> no choice. strong words there, thank you very much for joining us. >> david, thank you. let's go to dominic chu. what are you looking at, bud? >> we're watching amazon.com. dow jones is reporting the company is going to buy twitch for more than a billion. this is after reports that google had virtually locked up a deal to acquire this video game blogging and video replay site. it's almost like a social community, if you will for video gamers. they were going to pay about a billion. twitch basically shows and video game play among a communities of gamers, a place to brag on what you can do on cal-of duty or

assassin's creed. google shares are actually negative on the day. they're down by about a quarter of a percent, brian. >> dom, thank you very much. on deck, forget stocks. what might be the greatest single return ever on anything out of a winning powerball ticket? and if you hear words like rot, awful, annoying and bruce i have been, what would normally come to mind? probably not twitter. >> i thought you were going to say me. i was nervous. >> that's exactly how our guest describes twitter. we'll discuss what he calls the self-destruction of twitter, next. tigers, both of you. tigers? don't be modest. i see how you've been investing. setting long term goals. diversifying. dip! you got our attention. we did? of course. you're type e* well, i have been researching retirement strategies. well that's what type e*s do. welcome home. taking control of your retirement?

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comcast business. built for business. so the nasdaq 100 is up nearly 5% just this month, and it is in the middle of a nirch-day winning streak. these stocks, my friends are big reasons why. these are the best performers month to date. some may have flipped around here and there, but you get the point. tesla, the best performer outside of a deal stock, up 17%. gilead sciences, ross stores, netflix and 21st century fox, with all due respect to jim moreries. we're currently at 1997 on the s&p 500.

it doesn't sound terribly exciting, but earlier on today it was, why? because we cracked 2000 for the very first time ever. we crashed 1900 for the first time on may 13th, by my calculation it's taken about three months to get from 1900 to 2000. we're going to keep an an eye o not we get back to 2,000 and close at that level for the first time ever. >> one thing i will point out, which we pointed out about a week ago and i'll just reiterate, right? if you are concerned about valuations, there are about 15 companies in the s&p 500 which are now trading at more than 100 times trailing price to earnings. just trailing, doesn't mean ford, big difference. just something to be aware of. don't want to be accused of being overly bullish. ever hear people getting divorced say it is driving them crazy? well, we may have proof that it does, coming up. >> prepare to be shocked when you hear how a divorce case is making a billionaire sound like the occupy wall street activists.

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a new record for the most money ever paid for a economcom book. $3.2 million for action comics number one. by the way, that is the first appearance of superman. the comic book is from 1938, but through all those years, this version somehow was kept in excellent condition, grading nine on a scale of one to ten.

the auction didn't happen at sotheby's, by the way. it was an ebay auction with a starting price of just 99 cents. well, oil billionaire harold hamm is divorcing his wife of 26 years, and it could be the priciest divorce ever. and with $17 billion at stake, it is no surprise that hamm is resorting to, hmm, let's call them unusual tactics to try to protect it? robert frank joins us. for a lot of excuses, this is the first time i've heard this one. >> especially from the ceo. harold hamm, ceo of continental resources, is worth over $20 billion. and to keep most of that from his ex-wife, he is making the following argument, that his success and his companies is mainly due to luck. now, couples have two kinds of assets. there is active and passive assets. active assets are those that come from work, and those are the ones that can be divided by a court. passive assets, that comes from luck or passive investing, and he gets to keep all of those. so, hamm would keep passive investments or wealth that comes from passive investing. so, he's arguing, his attorneys

are arguing in court that the $17 billion that he created during his marriage mainly came from luck. and you know, we just happened to discover the oil shale and grow the biggest fracking company in the world. this is a man who's run the company since 1967. he owns 70% of the company, and he is both the chairman and the ceo. now, look at the stock under his leadership or luck over the past few years, going from $61 to $154 today. the final deal, i am told, with his wife could be more in the $1 billion to $2 billion range. the most expensive divorce ever is $4.5 billion. this is unlikely to surpass that, but even if she gets a billion or two, pretty good money. >> i mean, you've got a lot of green, brian. with your legal expertise, or at least the legal expertise around the table here -- >> that's dangerous. >> what do you think of his chances with this? >> slim to none? >> yeah. i mean, it's strange for a guy who is paid millions of dollars and argues in every conference call that this is our leaders p

leadership, not to mention what the board would say -- >> it's a stupid argument. and harold hamm's been on the show, so with all due respect to them, you're saying to shareholders, there's no guarantee then this would continue because the whole thing was just luck. why would you invest in my company when i'll just throw some darts at a board and hope they hit the balloon? >> and the law says different things. you have to say one thing court and another to shareholders. he also has an argument saying, i actually separated from my wife in 2005, therefore, anything after that doesn't really count. so, there are other arguments. this isn't his only argument, but it is strange for the shareholder community to hear something like this from a ceo. you know what? i had nothing to do with it! >> j.b., we don't know why the product is selling, but man, it's selling! >> that's right. >> and that's just so lucky. >> here's our strategy. >> thank you. >> change the wrapper color to red. that will do it. >> thank you. thank you, robert frank. >> thanks, guys. well, comscore is out with its latest mobile app report, ranking the top 25 most popular apps in the united states.

facebook came in first place with its 115.4 million visitors. twitter lagged far behind. it came in at 14th place. yahoo!'s widget even ranked about that. contributor ian morris joins us now. ian, you wrote a very interesting article last week. i actually read it on twitter. that's where i saw it first, see the irony in that. but you claim that twitter is, in fact, destroying itself. explain. >> yeah, pretty much exactly that. the app itself is fairly bad, but there are other decisions made by the company, like closing down the api so that other developers can't make apps. i also think a pretty disastrous for the company, which was built based on openness. >> yeah, it's kind of -- >> i pretty much -- >> most of the time when people criticize twitter, it's like the haters, this, that and the other thing. you're coming at it from a developer's perspective, and you call it the facebookification. what does that mean? >> well, i think it's essentially the same problem facebook had.

it's more about the fact that they keep doing things that the public don't really want. so, they're really -- facebook has this problem whereby it won't let you see your timeline in the order you want. it keeps forgetting it. and twitter's going the same way. whereas before, hashtags were introduced because that's what the public wanted. we're seeing now they're doing things because they want to do them from a corporate perspective, rather than because it's what the public wants. a good example is the recent decision to put people's favorites in your timeline as if they were retweets, which i don't think anyone wants or likes. >> so, you're saying essentially twitter has "forgotten its roots." so what do you advocate would be to get back to its roots? what would that look like, and would it necessarily mean greater success for the company? >> no, well, that's a good question, isn't it? i ca for what will be a success for the company, because it's a business and they're probably running it very well. i think in terms of it getting back to what the public loved about it to start with and maintaining the user base, which of course, is very important for

their business, i think they need to listen a touch more, and i think they need to open the way the third-party apps interact with twitter. and i think they need to give people options when it comes to apps. at the moment, you have to work with twitter if you want to develop an app that has more than 100,000 users, and i think that's a mistake and a bit of a shame. >> but we're bringing up a bigger issue here, ian, to mandy's point, right? they're doing the things they think they need to do to increase profits, and perhaps their stock price. perhaps somebody might realize that, whether it's twitter or somebody else, there are certain companies for whom profit motives necessarily aren't the best thing for business. >> yeah, i mean, that's possibly true. i think facebook -- >> not to sound like vladimir lenin up here. you get the point, right? maybe it was best at 140 characters, a low-brower interface and we all chatted. >> yeah, i think that's what people loved about twitter. i'm not saying it can't evolve. i think evolution's a very important thing for any business. facebook seems to be going sort of kind of getting it right, still making some mistakes.

but of course, facebook's sort of been quite a successful business, and twitter has yet to prove itself. >> ian morris live from london. ian, thank you! interesting stuff. appreciate it. >> thank you. >> thanks for watching "street signs," everybody. "closing bell" is coming up next. don't go away. >> we'll see if s&p 2,000 can hold. stick around. and welcome to the "closing bell." i'm kelly evans at the new york stock exchange, where it's another day, the bulls are in charge. >> and mihitting a new mileston. scat wapner in for bill griffeth. the s&p 500 crossed 2,000 for the first time ever. now the question is, will it close above that mark? a lot of people today giving credit to mario draghi over in europe for the reason why we were able to push past 2,000 today. took us a long time to get here from s&p 1,000. >> feels a bit like a tree falling in the woods. it's like, if the