it is 5:00 a.m. on wall street here is the top "five@5. g goldilocks or bust what a reading too hot or cold for stocks disney on defense. the biggest proxy fight in nearly a decade. one day later and one airline playing catch up after yesterday's grounding. what we know and what we don't. and apple weighing a design feature to the macbook laptop that would be unthinkable if

steve jobs was still in charge. later? forget "deadpool" and why ryanse right deal maker this is "worldwide exchange. good morning, good afternoon, good evening. welcome from wherever in the world you may be watching. i'm brian sullivan thank you very much for joining us on this thursday. let's jump in with your money and stock futures are not doing much as we would expect ahead of the massive consumer price index number at 8:30 a.m we are seeing future literally exactly unchanged. all comes off the up day for the averages all of the indexes higher across the board. by the way, they are on the first four-day win streak since september. how about that that all could change with the

8:30 a.m. eastern time release of the cpi now that would move stocks if it comes in wildly in either direction. it could move bonds as well. bonds have been quiet lately the same this morning with the 10-year treasury yield not moving much at all oil prices are quietly ticking higher oil prices up $77 a barrel natural gas prices are muted it is on the warmer weather and lots of supply and u.s. export capacity maxed out $3.77. let's hit gold and copper. why are we showing you gold and copper we normally don't. they have been on fire lately. gold at the highest level since may. copper since june. gold at $1,887 that move is pushing stocks up

the biggest copper producer in the world is up 18% just this year it is up 53% in 90 days. the gold miner is up 11% this year newmont. copper and gold have done well in 2023. let's find out what is happening overnight in asia and trade in europe with the key headlines with arabile gumede in the london newsroom. arabile, good morning. >> good morning, brian the sentiment is going to be headed toward that inflation number out of the united states. key to really focus and zone in on that. a lot of news has come out particularly in the asian front and on the inflation data points 1.8% is the figure from the inflation numbers from china actually that points to a slightly more subdued inflation print. that comes on the back of having

just reopened from the covid-19 protocols they were in place for three years or so. it does mean we will only see a gain in that number as time progresses for now, we are seeing a general green tinge with the nikkei and hang hang seng. the s&p in australia is gaining 1% on to the europe front, the markets with ubisoft which is important to focus on. they are looking at waning demand of some of the merchandise on the gaming front. things are not necessarily looking good there they reset how they plan to look at their advancements in the future it is a retail day out in the uk very importantly the likes of

tesco and likes of spencer with earnings the first two pointing to consumers looking away from going online and prefer going into the stores and doing well across christmas asos not doing well. the general sense of green acro across the board that's the look, brian. >> all green yesterday and green today. thank you, arabile i appreciate it. let's get to the top corporate headlines and including a big design change for one key apple product. silvana henao is here with that. silvana, good morning. >> brian, good morning disney is gearing up for a massive proxy fight with nelson peltz after his fund took a $800 million stake in disney and began eyeing the board seat.

in the preparations for the war, disney is appointing mark parker replacing susan arnold and replacing a new planning commission for bob iger. apple is looking at the touch screen for the macbook this move would make a design reversal for apple look at what steve jobs said back in 2010 >> touch surfaces don't want to be vertical. it doesn't work. it is ergonomically terrible touch surfaces want to be horizontal >> it is confirmed laptops could be ready as early as 2025 for launch. one the iconic ceos may be gearing up for a sale. >> it is ryan reynolds as owner of mint mobile, i'm looking to save money on holiday

commercials. our props are stuff i picked up for $5 from a yard sale. >> t-mobile is looking for mint mobile according to bloomberg, the se second largest mobile provider is looking for mint. mint could still remain independent or sell to another party, brian >> it may be fake news and i need to check this using the google, silvana. didn't he sell aviator gin brand? >> i think he is still involved in the marketing, but he did sell it. >> he's a pretty good actor for a business guy. >> yeah. exactly. >> business guy turned -- by the wh way, if you say what is the most embarrassing movies you love, i

will say "the proposal." i will never admit >> brian, i love that movie, too. >> i'll watch it you know, "ofproposproposal." silvana, thank you what is the most embarrassing movie? we move away from that and now to your money. all eyes on the december consumer inflation data. that number out at 8:30 this morning. it comes as the company is preparing to launch earnings many forecasting the weakest earnings season since the pandemic hit and earnings contraction of 7 of 11 sectors profit margins under pressure with slowing demand as well as potential recession in the first half of the year however, with markets already down big over the last 12 months, how does this balance

out and add up with us to kickoff the hour is robert schein. robert, don't worry. i won't ask about your favorite most embarrassing movie. we'll save it for another day. >> sounds good. >> what are your expectations for the inflation data and likely market reaction >> this could be the biggest day for data year to date right now. all eyes, especially the fed, looking toward later today with the cpi report consensus is 6.5%. if we see anything above that, we could see markets reverse we have seen great year rally. a lot of expectations are built in to see below sub-6.5% cpi data read. you have to be very nimble in this market. >> you know, jpmorgan chase came

out yesterday and said if we get above a 6.6% cpi number, markets will tank. fall 2.5% to 3%. if we get below 6.2%, the markets will soar. it is only .4% difference on the inflation number and a potential 6% delta in the way the market moves. are you that surgical about it do you care to the tenth how it comes in, robert >> for us, with management, we are long-term investors. we are taking advantage of anything the market gives us we are ready for it this morning. we have been positions this week and last week for whatever the number we don't trade the number or release the headline as soon as it comes out you let it get into the marketplace and actually get into the read it self. what the fed will actually have to do after this and the

conversation will pivot is to the labor market the fed will now turn -- let's say inflation pressure is coming down if you look at housing and the cumulative threat of the rising rates and what it has done to con same consumers, that will play out in 2023 that is the question mark we have to wait and see the fed will pivot to the labor market and if there is tension or slack in the labor market, that may well the cpi number >> what are you advising clients to do? do we sit on our hands or dollar cost average >> there is a lot of generational buys. a lot of things coming our way we have treasuries and put your cash to work in treasury we are waiting for markets to present opportunities. treasury is over 4% right now on short term

there is generational buys we talked about disney you talked at the top of the hour and the news cycle about the proxy fight. those can get messy as we know through the boardroom. the reality is they have to unlock shareholder value that is the message. we are saying to clients, our parents or grandparents with generational buy you are getting disney below what you saw in 2019 when they launched disney plus now over 164 million subscribers worldwide. they will get on cost cutting and get the ship right the magic is back at disney, we believe. it is a buy under $100 a share. >> we don't hear generational buy too often. great endorsement of disney. i think nelson peltz agrees with you. robert schein, thank you we are just getting started

this hour. when we come back on "worldwide exchange," more on what we talked about the board seat battle at disney and what it means for shareholders. and later, my shell girard is here to talk about the cpi print and what it could mean for the markets and your money. plus, 20,000 delayed flights later and the faa still investigating the massive outage yesterday. why don't we know more by now? we'll talk about it when "worldwide exchange" returns cau get a payroll tax refund, even if you got ppp and it only takes eight minutes to qualify. i went on their website, uploaded everything, and i was blown away by what they could do. getrefunds.com has helped businesses get over a billion dollars and we can help your business too. qualify your business for a big refund in eight minutes. go to getrefunds.com to get started. powered by innovation refunds.

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welcome back good thursday morning. a quick market flash on bed bath & beyond taking off nearly 70% yesterday. they are up over 20% right now it came on the back of disastrous earnings and news it would layoff more employees on a last-ditch effort to avoid bankruptcy bed bath & beyond had questions about the ability to go on as a concern. bed bath y& beyond warning it could go out of business the stock up 70% honestly, you are making money be careful bed bath & beyond a story on the

edge the stock continues to soar. the last two days. bring up the five-year chart it looks like a ski slope. the most random but interesting thing is one more example of how politicized everything in america has become now that apparently includes economics. a study just out shows that where you come in on the political spectrum impacts how you feel about inflation yes, you heard that right. the brookings institute and university of michigan put together data of how people view inflation and asked about the political leanings broken down into five groups strongly democrats, middle or weak, middle republican, strongly republican or independent. look at this in a measure of inflation expectations the last few years, the democrats are more worried about inflation during the trump years. so-called strong and weak

democrats had higher inflation worries than either republican party. the massively flipped when biden took office and covid stimulus kicked in. the strong republicans thought inflation would soar the more centrist republicans were worried, but less so. that was followed by independents in the meantime, the blue line at the bottom and orange line at the bottom is democrats inflation expectations barely moved. ticking up a touch, but strong democrats and inflation expectations actually declined as inflation was soaring republicans projected inflation to stay hot as it started to come down. both parties kind of got it wrong. so why is this well brookings does note that each group is kind of virtue signaling about the party rather

than true expectation of inflation. or maybe what they are hearing is just that different who knows? now even inflation, actual hard data, is now partisan. random but depressing. still on deck, why one casino operator looks to bring vegas to the empire state. full story when "worldwide exchange" returns.

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welcome back let's get the check of headlines outside of business and money and embarrassing moment for the president with a second batch of classified documents found out of the secure area nbc's phillip mena has that and more >> brian, good morning aides to president biden have found a second batch of classified documents from when he was vice president. nbc news reported the discovery at the second location separate from the private office where the first ones were found. it is unclear when they were discovered and if biden's attorneys are searching for more. developing overnight striking nurses at the new york hospital have reached a tentative agreement with montefiore hospital. mount sinai says their strike is

over after agreement was reached with the union widely regarded as the greatest guitarists of all time. jeff beck has died his passing was sudden he died at the hospital near his home in england after contracting bacterial meningitis he was inducted into the rock 'n' roll hall of fame twice with the yardbirds and solo career. the last collaboration came out last year. jeff beck was 78 brian. >> big loss for the music world. yardbirds. classic. phillip mena, thank you. the ripple of the impact of the computer problem of the faa is still felt today. this was the biggest national air shutdowns since 9/11 flight cancellations and delays between yesterday and todatoday

totaling 10,000 according to flight aware now the faa is looking ninto the outage and the cause this comes after the meltdown of southwest over the holidays. we have brie jackson from washington with more >> reporter: brian, this is the latest headache for travelers. the faa says this is not a scybe attack, but a corrupt file now federal leaders are demanding answers. another day of frustration for flyers >> irritated honestly. actually very irritated. what can you do? >> reporter: the federal aviation administration is blaming the nationwide delays answer cancellations wednesday on the computer outage a corrupt file crippled the notice-to-air mission system >> i notice one or two systems have the ability to shut everything down.

>> reporter: the officials are investigating why both the primary and back-up systems which provide pilots vital information they need to fly failed >> this is the one that moves m messages that pilots need from the taxi way to the navigation beacon and upcoming military or space operation ifn a sector >> reporter: transportation secretary pete buttigieg is looking into what went wrong. >> we need to understand why with the redundancy it rose to the level it had to bring it to a ground stop. >> reporter: lawmakers want answers to as congress prepares to authorize faa legislation >> the problem seems to get worse. >> here is what we need for technology and software upgrades to minimize the chances the system does it again >> reporter: the faa is working to prevent disruption from happening again. the computer glitch follows that

meltdown by southwest airlines over the holidays. that was due in part to the out dated system airline experts say this is another example of why upgrades in the industry are needed brian. >> all right brie, thank you. if you are a traveler caught up in the stoppage at the airport this time yesterday morning, do you have any options or recourse if your flight was canceled or delayed? >> reporter: if flights were canceled, you are entitled to a refund many were delayed. they are planning to waive fees for anyone who needs to rebook flights. the lost time and headaches that travelers experienced because of the delays is something that many people feel you can't make up for >> because this was not -- the southwest thing people are pointing at southwest. for once, brie, this didn't have

anything to do with the actual airline. this was a federal government system probably the airlines were just as annoyed >> reporter: absolutely. absolutely >> that's it i had a beautiful five-hour delay last week. got a lot of reading brie jackson, thank you. a tough last couple weeks for airline travel as we head to break, we are watching shares of amazon. the internet start-up delivering stuff. losing the appeal over the nlrb over the new york victory. the union intimidated employees to sway voters the staten island warehouse voted to be the first american union last april amazon losing that appeal. we'rba aerhie ckft ts.

all eyes on inflation gearing up for the big cpi number what that read could mean for the markets and your money. proxy fight prospect disney looking to fight nelson peltz and his desire to join the board. and appetite for a sale for subway and it is thursday, january 12th

this is "worldwide exchange" here on cnbc welcome or welcome back. good thursday morning. i'm brian sullivan thanks for being with us jump in with your money and futures. they are muted as one would expect the massive cpi number out i'll tell you the markets will not do anything ahead of that. dow futures down 17. it is coming off an up day for the major averages all indexes up across the board. the cpi number could change everything bonds as we talked about yesterday have been relatively quiet lately same this morning. we are not going to see a major market move unless we get crazy headline between now and 8:30 a.m. it will not happen the entire market is -- the jobs number used to be important. inflation number is the new jobs number how about that

bond yields flat oil is back up $77 natural gas is up a little bit overall, they stayed low back below $4. a lot of supply. u.s. export capacity maxed out the weather has been muted, but i saw projections for colder weather on the way keep an eye out for nat gas prices i was out in a t-shirt in new jersey yesterday it was cold, but i was still outside in a t-shirt. the u.s. and allies are preparing for a fresh round of sanctions on the russian oil industry silvana is back with those headlines. brian, let's start with alphabet it is cutting in two divisions it is expected to be a large round of layoffs the robotics arm slashing 40%s or around 17% of that company.

mean meanwhile, the healthcare unit is cutting 200 jobs. marking a 15% reduction. reports suggested alphabet was considering 10,000 jobs within the global work force. u.s. and allies are preparing a fresh round of sanctions on the russian oil industry according to the wall street journal treasury officials discussed details this week. the sanctions would set price limits on high value exports such as diesel and low value as fuel oil subway exploring a sale of its business according to reports, the chain is in the early stage of the process which could value the company at more than $10 billion. subway is one of the world's largest quick service restaurant brands with 37,000 restaurants in over 100 countries, brian >> i think it is the biggest --

i know they hate the term fast food, but it is fast food. >> yeah. >> the biggest -- that's a lot of $5 footlongs. what is it 2 billion. silvana henao, a lot of sandwiches i hope that's the right math this is it what everybody has been waiting for this week. no, not $5 footlongs or free coffee and doughnuts the release of the december cpi. the big inflation number at 8:30 this morning if it comes in too hot or too cold, it will move markets either way consensus is for headline cpi to rise 6.5% in december from a year ago that would be a drop from november and the sixth straight month of a slowdown. the so-called core rate which backs food and energy prices is expected to rise 5.76%

that is down from 6% in november a lot of numbers there let's talk about why and what will happen with michelle girard michelle, good to have you back on i said the inflation data is the new jobs data. good morning as well what is your expectation for this morning >> it is so funny, brian this is now really become the data point or the one to watch because it is so important for what the federal reserve officials will do in terms of raising interest rates you went through a lot of numbers. we're a bit on the softer side actually you know, the last couple months we have seen lower inflation numbers. they surprised the markets on the weaker side. we think that is the risk again. we are looking for .20% decline overall. that is an energy story. energy prices, particularly

gasoline down in month excluding the food and energy numbers and core rate up .20%. last year, we had a number of months where the reading was printing .5% we are seeing relief i think that's what the market is hoping for and will set the stage for the fed to be less aggressive in may -- sorry, in february for the size of the rate hike. >> how much more do we have to talk about the federal reserve >> we got to keep talking about it until -- until we see evidence -- >> you know what i'm talking about. >> i do. the market wants to have co confirmation that we know the peak in the funds rate is on the hor horizon. that's the first thing how far do they need to go how much more do they need to do you know, with these weaker inflation numbers, everyone gets

closer to the tightening cycle that is what is important about this morning once we get comfortable about the peak, you know we will talk about the fed because for markets what is really important is when they actually will start to cut and when they will pivot. brian, we'll talk about the fed a lot this year. >> will they >> i know. >> no, my favorite comedian -- i feel like the federal reserve is turning into pancakes. all excited at first and then by the end of it, you are sick of it let's be clear the federal reserve is hitting us over the head saying don't picture the expect the pivot they will keep rates high, it sounds like, michelle, for a while. to be fair, the federal reserve was spectacularly wrong about

itself just a year ago. >> market is saying to the fed they are skeptical if the economy slows down like most of us expect, we along with most, think we are looking at a recession this year. the economy is losing momentum if the unemployment rate starts to move up and we think it will particularly as we get into the second half of the year, the market is betting the fed will not have the resolve, if you will, to watch the economy weaken sharply and not begin to back off and reverse the rate hikes that had been in place i think that is the tug-of-war over the course of this year -- will the fed show that resolve if inflation isn't where it wants it to be or provide support? the market is thinking the fed will provide support for the economy and lowering interest rates would be a boost for markets looking ahead to better

times over the hill as we move into 2024. >> yeah, hopefully better inflation numbers. i know the data has been coming down, michelle, but if i stood outside the grocery store and said good news, inflation is coming down. i would get a tomato thrown in my face. an expensive tomato. >> you said it it's true. the numbers are coming down. they're still high. >> they are. especially at the grocery store and things like that michelle -- socks are coming down in price. michelle, thank you. up next, betting -- you're very welcome betting on the big apple one casino's giant plans for a gambling hub in new york contessa brewer is up next with that ed to su harge your audit system? so you tap ibm to un-silo your data. and start crunching a year's worth of transactions

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welcome back market flash on tesla. bloomberg reporting the expansion plans for the shanghai factory in doubt officials express concerns with tesla about elon musk's starlink with the presence in china phase three expansion had been slated for the beginning of the year and boost output to 2 million vehicles a year. tesla stock down another 1% right now. new this morning, las vegas

sands is revealing plans for a new casino in new york contessa brewer has details on the plans. contessa >> reporter: brian, las vegas sands has spent years for the casino resort in new york for what we call down state. it will build a property with casino, hotel and conference facilities at in that saw veterans coliseum. it is a sporting venue on long island at nearly 80 acres, there would be the largest footprint of any gaming project if sands lands a license, this would be the only u.s. casino since it sold off the vegas properties a year ago. it is facing competition for three casino licenses the state will award

among those others is mgm resort with the empire in yonkers north of new york city and gentings in queens near jfk. winn resorts is proposing a casino in manhattan close to the javits convention center and then in the heart of times square new york mets owner held a meeting this month to get information about the undeveloped land year citi field and hardrock released information on the hotel in manhattan last year is taking a shot at the casino as well lots of competition for three licenses and it is not cheap building starts with 5$500 million. my sources say they are bracing

for $1 billion and the deadline for the first round of questions from the state board, brian, is february 3rd we will likely get more details as those applications go in. >> all i can think about is what happens to atlantic city that aside, you are telling us, contessa, if i hear you right, we could go from zero casinos in new york, big ones, to three we could have one on long island, we could have one at hudson yards and the heart of times square. >> those who are applying for license in new york city may have an uphill climb there are a lot of vested interests in what happens to any available land in new york city. it does seem to make sense it is where you have the most concentration of people. sands loves long island because you are close to laguardia and jfk. there are 3 million people who

live on long island who could drive with cars and you have the space to develop world-class convention and conference facilities and entertainment and provide an alternative crowd that happens in manhattan. we have to wait and see. the money on the line here, brian, the conservative state sponsored research report came out and maybe said $4.5 billion is the market for this i'm hearing the companies think it could be $10 billion market it could be a $12 the$12 billio. depending how they are permitted to develop the land and what happens. do you give three licenses to outside operators and continue to let mgm and genting operate as it? >> i would ask a timeframe, but i got the hook

con ttes contessa, thank you. also happening now, disney is gearing up for a big board room battle with nelson peltz the company opposes the move now all this as it appoints former nike ceo mark parker as the chairman and forming a bob iger succession committee. we have alex kantrowitz on the line how big a fight could this be? >> it would be a significant fight. good morning i say this because disney is trying to fight this iger is coming in and he wants a smooth start to the tenure when he is picking the fight, it indicates that disney is expecting a shakeup here >> p do we know a lot about what

peltz wants? i'm sure viewers know who he is. he is associated with restaurants and arby's and he comes in and tries to fix what's broken this is different. do we know what he thinks is broken at disney >> according to reports, first thing he is looking for is a succession plan for bob iger you know, at a certain point, that comes with the cost you see the costs here you can't do that forever. we are operating in different conditions you are not able to operate in the money losing practices like the past think of the streaming service and what it lost in the past those are two areas to focus on if you ask my opinion. i think he will zero in on

those. >> we are asking your opinion, alex we appreciate the answer disney, listen, i don't like to use the term disaster much it has bigger con notnotations. it was a $160 stock a year ago it is now at $93 and change right now. this is one of the bluest of the blue chips it is supposed to be investors are frustrated and i think they have a big espn issue on their hands i.e., what to do with it. >> exactly we are operating in different times. if i'm disney's competitor, i'm licking my chops the move to streaming will take money and it will take losses. i don't think that strategy changes despite the fact the market demand if it is successful if i'm netflix and thinking how

to get into disney's porcket, this is good to me this is an unfortunate shift for disney it is happening to every company in the economy of you have to learn how to adapt if you don't adapt, you will get pressure like disney is facing now. >> we are in the media we love to talk about ourselves. the problem, alex, they have 100 million customers, but losing money on every one, are they not? at some point you have to raise prices i'm not sure -- it is not just disney dealing with this, is it? >> everyone is dealing with this recession is an opportunity for companies to put the gas pedal on and take advantage. if you think about disney, which is not only in streaming, this is disney's moment to take the market over. it is losing money, but when you move to a technologies, you have

to do that before you take the lead and don't look back that is why it is a great moment for disney's competitors for disney, it will have to figure out strategy and there is a risk here that if it takes the foot off the gas pedal and decides to raise prices and stop the momentum or take steam out of the initiatives, that could be a long-term hit it has to deal with. >> yeah. third time i guess around for bob iger alex kantrowitz, thank you very much fos,lk we'll take a short break. "worldwide exchange" is back right after this stick around inspire? no mask? no hose? just sleep. learn more, and view important safety information at inspiresleep.com only at vanguard, you're more than just an investor—you're an owner. we got this, babe. that means that your dreams are ours too. and our financial planning tools can help you reach them.

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welcome back let's get back to the hour you may have heard about the inflation number coming out at 8:30 this morning. let's bring in gina bolvin i think the discussion of inflation numbers is being inflated

gina, welcome to the program we're going to have seven more mentioning by 8:30 it is an important number. if i'm an investor longer term, how worried am i about today's number versus next month, et cetera >> well, good morning, brian it is great to see you thank you for having me on it is absolutely market moving and it is a big number it will continue to be a big number however, the last couple of times we had a good cpi number, the fed came out and threw cold water all over investors the market did not hold the rally. we will continue to see -- we may continue to see that with the fed tough talk we are focused on earnings season which kicks off friday with the big banks we see some historical trends that may be able to help the market sustain a rally >> yeah, earnings, we haven't

talked about those a lot, gina expectations are pretty bad. you wonder if the expectations are so bad and the likelihood is they may not be as bad as people think. >> the bar has been set so low i think what is really interesting, brian, is that there is historical trends that market rallies have coincided with earnings season for the last two quarters. we may see that again. we took a look at what happened last year during the earnings season when you look at october 12th and july 15th, that's when with the market hit a new low then what happened is earnings season came out and we got a nice rally and pop in the market now, we took a look over the past decade and we saw that this has been a pretty good pattern

so this may happen again. we're hopeful. we think this year will be a good year. >> where do we invest? what is the best spot right now, gina >> we are looking at financials. we do like financials. we think that is an asset management play. they are recession resistant we do like the big banks we also like industrials like aerospace and defense. we also like healthcare like big pharma and bio-tech and medical devices. we have an aging population. we also have pent-up demand from covid with procedures on backlog. >> the financials impacted by the fed and rates maybe as more with any other group gina, we have coffee inflation ahead of the inflation data. gina, i appreciate it.

>> thank you, brian. >> you are very welcome. reminder, inflation data, if you didn't hear it, 8:30 a.m. eastern time this morning. that does it for us on "worldwide exchange. we will see you tomorrow have a great thursday. "squawk" is next [music playing] ♪ imagine something of your very own. ♪ ♪ something you can have and hold. ♪ ♪ i'd build a road in gold just to have some dreaming, ♪ ♪ dreaming is free. ♪ accenture, let there be change.

good morning disney playing desk ffense namig mark parker as executive chairman as nelson peltz ramps up his campaign. and starbucks employees were told to get back in the office three days a week. and key inflation data on the way. it's on everybody's mind

today at 8:30 we get the final cpi report before the fed's next meeting. we'll tell you what you may expect for the reading today it is thursday, january 12th, 2023 "squawk box" begins right now. good morning welcome to "squawk box" here on cnbc we are live from the nasdaq market site in times square. i'm rebecca quick along with joe kernen and andrew ross sorkin. let's look at futures. we are higher at the moment. the dow up five points s&p is down a point. nasdaq down 11 points. nasdaq yesterday was up along with the major averages. nasdaq up four days in