governors races to be decided tonight. one in new jersey and the other in virginia. the president trying to qualify about what he said keeping your current health plan under obamacare. who is picking up what he is putting down. immigration summit underway at the white house. the administration says more than a trillion dollars is on the line with the leaders of these companies. money well-spent for dodge. wait until you hear how many durangos that dude sold. all that and another anchorman is here. mr. connell mcshane on this hour of "markets now." connell: stay class sir, southern virginia. that's it. dagen mcdowell's home state and focus today. not as an exciting election as maybe, i don't know, last year but, or -- dagen: or new york city. connell: that one is pretty much a foregone conclusion unless every poll is wrong but dagen's home state of virginia we'll talk about.

let's go to nicole petallides before we talk about anything else. check on the markets. good morning nicole. >> we pared the losses. we're down 41 points on the dow jones industrials. 15,059. just below the 15,600 mark. we had a nice run though, haven't we? s&p 500 down 1:00 quarter of 1%. it shows you we had momentum remains to the upside. traders continue to believe with the easy fed policy the path of least resistance is to the upside. of 3-d systems, largest printer company, looking good. new all-time high. potential takeover rumors maybe by ibm according to our own charles payne. spending on research and expanding retail presence. up over 100% and what a great performer and a new high today. back to you. connell: thank you, nicole. more on obamacare.

new developments in moment. we'll focus on gubernatorial races one in new jersey and one i said a moment ago, in virginia, where the civil war in the republican party is playing out for all to see. joining us from washington, d.c., ron christie, former special assistant to former president george w. bush. always good to have ron on. chris christie, no relation, new jersey or is it ken cuccinelli in the state of virginia? those are two different republicans, both in the news today. cuccinelli, close race with terry mcauliffe. christie is expected to run away with it in new jersey. who is the future of the party? >> i think future of the party is more like ken cuccinelli. connell: really? >> even though i was born in new jersey there is no relation. connell: exactly. >> what you have here, ken cuccinelli current attorney general in virginia, someone who is very conservative. someone demonized a lot by those in the press who don't obviously like his candidacy and those on

democratic side of the aisle. when you look at chris christie however, he is a very popular governor in a deep blue state. i don't think his views on social issues are in line with where a lot of the republican party is right now. connell: your namesake would disagree with that. i'm sure he would point out chris christie, his way of winning in that blue state, i think registration advantage for democrats in new jersey, want to say about 400,000. it is a big advantage for democrats. >> that's right. connell: he will win today if the polls are right, i don't know, up 20 points in some polls, depending which poll you look at. if he wins easily, say someone like him, suzanna martinez from new mexico campaigning with him yesterday, that is type of ticket you want as republican to win nationally. why would a tea party guy like cuccinelli have a better chance to win in 2016, not just the primary, the general? >> ken cuccinelli within hours after obamacare had been held constitutional bit supreme court, ken cuccinelli was first attorney general in the united

states who came forth said we need to challenge this. this is monstrosity. this will be a big tax-and-spend boondoggle for the american people. sure enough, connell, we found out it was much worse than we ever anticipated. i think governoo christie, don't take away anything he has done in new jersey. he is a remarkable governor in a blue state. leadership during superstorm sandy is something to be commended but i think when you look at a national ticket and look at primary process, look at conservative party right now i don't think governor christie, he might prove us all wrong i don't think he is necessarily going to be the guy that will make it through a primary process. connell: look at electoral college math, people say i can't believe you're talking about, this governor's race and fast forwarding to 2016, what is your argument for somebody like a cuccinelli if he wins the primary? it will not be him necessarily running for president but somebody from that background wins the primary, how does he win? have you seen the math that shows you he can win nationally.

>> politics is always about addition rather than subtract shun. what governor christie has done reached out to traditional independents and democrats and communities of color. you look folks like a jeb bush, like a marco rubio, like some others, my former boss of governor john kasich, governor of ohio. there are republicans who have bonafide conservative credentials and galvanize the vote in communities of color and non-traditional republicans. connell: interesting especially in virginia, we talk about health care on down will be at issue there. ron christie, not exactly an endorsement of chris christie. we appreciate seeing you. >> always a pleasure, sir. dagen: president obama playing defense yet again trying to fend off criticism of the botched rollout of his signature health care law but with top health officials now pushing people to fill out insurance applications on paper, what is the administration's next move. connell: what comes next? peter barnes at the white house

to tell us that. peter? >> well, guys the administration it is still continuing to try to fix all of this, to fix the health care.gov website and the application process but the president was out last night trying to fix his image on all of this he spoke to a group that helps him, the organization for action, and he is now seems to be changing some of the story here. he said, quote, if you have or have had one of these plans before the affordable care act came into law and you really liked that plan, what we said was you could keep it if it wasn't changed since the law's passing. that is different from what the president said. he said you could keep it, period. take a listen. >> we road l rode wrote into the affordable care act you're grandfathered in on that plan but if the insurance company changes it what we're saying they have to change it to a higher standard. >> only if the white house likes your plan can you keep it. if you like your plan in all

likelihood you could very well lose it which is what is happening to millions of americans. >> senator thune saying this morning on fox news that he would just like straightforward, honest answers from the administration about all of this. and the administration will get more questions today. we have more notes from private meetings of contractors, and administration officials about the rollout of all of this, these coming once again from the house oversight committee. released last night. they say, according to one note taker, quote, the media attention will follow individuals to plan selection and their ultimate choices and in some cases there will be fewer options than would be desired to promote consumer choice in an ideal shopping against. additionally, in some cases there will be relatively high-cost plans. so what they were saying in private is now coming, is what we're hearing publicly as they try to move forward with this rollout.

dagen and connell. connell: peter barnes at the white house. more to come even throughout the day on this story. peter, thanks. here is car sale story for you. ron burgundy does it again. san diego's classiest anchorman helped sales of dodge durango. up 59% for october. these are ad age numbers. 70 ads were cut. there he is anchorman, will ferrell. they launched a month ago. dagen: the new movie is out in december, the sequel to "anchorman." there you go. better be funny. 1995 was last time all 10 s&p 500 sectors end the year with double-digit gains. it is about to happen again. more what it means for the market, let's bring in wells fargo chief portfolio strategist brian jacobsen. long-term interest rates going up we got a taste in may. this can't continue, can it? >> well you know it can actually

at least for the next year. eventually all good things must come to an end. we'll probably see a downturn in the market but i don't think we'll see quite yet. look at years which we've had double-digit gains on the s&p 500 the subsequent year is also pretty good. you give a momentum and carry-through on some of these runs. dagen: brian, if you look at the 10 sectors though, some have to be overpriced compared to some at least reasonably valued. what do you like and dislike? >> well that is a very good observation, that all stocks are not the same. when it comes to specific sectors. i'm a big fan of energy, industrials and information technology. those are my three favorite basically on valuation basis. the other sectors i think might be geting a little pricey but they're not outside of the realm what is reasonable. tough remember that the market very rarely trades at what we could consider fair value. it can go to the extremes and stay at the extremes for extended periods of time. dagen: i told people that. people will come up say, hey, i short the market.

i'm like, you know what? it sounds trite but if you're fighting the federal reserve if you're betting against what the federal reserve is doing, historically that has not been a winning battle. one more thing though in terms of the overall stock market how high, how high do interest rates go that the market can't handle that? like, how high is too high in terms of long-term rates? >> sure. in terms of long-term rates i think it is why are the rates going higher? because we're having a lost inflation? but basically they're sort of neutral level for interest rates. i pegged that at around 4 to 5% on the 10-year treasury. so when rates are below that, rising rates can actually be good although when you're above 4 to 5%, then falling rates can be good. so in this type of environment, rising rates could be a positive thing provided we don't see inflation getting out of check. with inflation running 1 1/2% per annum it is really not all that bad. dagen: brian, great to see you. thank you for the insight.

brian jacobsen. take care, from wells fargo. connell: budweiser spending big bucks on the next super bowl. we'll tell you about the party boat that they're working for. dagen: ship boat? connell: you will see. >> it one more that colin and i won't be traveling on. connell: yeah. dagen: immigration reform on tap at the white house this hour. the president meeting with some of the biggest names in corporate america. the administration says $1.4 trillion can be won for the economy if these talks go somewhere. connell: talk about anything but health care. we'll talk about immigration coming up. if lockheed gets its way these planes could be in the past when it comes to america's military might in the skies. new planes to definitely be looking at. all coming up on "markets now." ♪

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dagen: kmart and a host of other retailers opening early this holiday season. our nicole petallides taking a look at those stocks. nicole. >> these retailers certainly want to get a jump on the holiday season and shopping and

it is pretty amazing when you start to look at some of these names here and times that they are opening. for example, kmart stores will be opening at 6:00 a.m. on thanksgiving. and remain open until 11 p.m. on black friday. so starting from thursday morning straight through friday night? it is pretty incredible. sears, jcpenney, kohl's, macy's, mixed bag. kohl's pulling back much like sears. jcpenney only name of the four although in a big turn around plan, working on that, it is struggling, it is higher today. it is interesting sears done this, a four years ago jumped on board with this. kmart is routinely open thanksgiving. before the turkey, in between the turkey, after the turk kirks i don't know. back to you. connell: nicole, thank you. anheuser-busch is going all ought for super bowl transform ing a it into a giant

venue. that's what happens when you bring to the new york. 2200 rooms, lodging through thursday and monday morning after the game. if you're a guest, you won't forget the brand because budweiser will be stamped all over the thing and pillows, shampoo bottles and everything else. guests on board will be kind after mix. consumers, retailers, business partners, sponsors all that kind of thing. not us by the way. we. dagen: the ship won't go anywhere. sitting in the hudson rivers next to the intrepid which i live next door to. connell: you could stop by. even on the side you wouldn't be on into that with big ship and sponsors. dagen: i would be more apt to stay on the ship if it was in port because i could get off. not that you want to be cruising up and down the westside highway. connell: maybe in little boat but not in the big cruise ships. >> might bump into me. connell: in euro boat. dagen: by the way the intrepid is so cool. connell: it really is. budweiser all over it, it is

kind of weird, isn't it? dagen: no, no. everything is great with anheuser-busch. here is good news for a frequent flyer. beginning today, customers on american airlines flights in the u.s. will be able to use electronic devices gate to gate, set to take effect 5:00 p.m. eastern standard time. gate to gate, there is no time on board that you can't use all your devices as long as they're in airplane mode. got to stow. laptops on takeoff and landing. delta and yell blue are just two of the other already put this in place. connell: i was admiring split screen video showing the progression of somebody who never heard a cell phone with a flip phone at the end. if question let it roll, first iphone. dagen: on the belt. connell: made it up to like 1998. there is is. sandra smith on the last business trip. dagen: there you have it. connell: this is guy never heard of the phone. he is asleep. wake up, sir, use the phone.

dagen: bit grace of god, people can't make cell phone calls. that guy -- connell: out the window. dagen: can't use your cell phone. connell: good. lockheed martin with its famed skunk works division back to work. this is the story i said a moment ago is kind of cool. this hyper sonic spy-plane. it is called the sr-72 or the son of blackbird. the blackbird was a spy-plane the air force operated for decades but they retired it like 20 years ago. unmanned plane, no pilot. could penetrate and strike at any location in less than an hour. antiradar coatings would not be needed because of the sheer speed of the plane again with no pilot. demonstration models expected by 2023. working military plane ready for delivery in 2030. we tell you about 2013 because of hough cool it is. the stock at 135.50. if there was a pilot we have suggestion loaded in for that for you. of course there is none but dagen mcdowell if they need ad pilot. remember when --

dagen: is that me? connell: remember you went into the whatchamacallit flying around with those people? dagen: i started throwing up 10 minutes into the flight. connell: yes, she did. dagen: i threw up 12 hours after that. i was literally taking a nap on the tarmac. they almost had to carry me. connell: i feel really bad we brought that up. dagen: i admit it. i would still do it again. connell: you don't have to. dagen: follow directions and hydrate heavily in the days prior. i didn't happen and paid the price. connell: making unmanned planes after you. dagen: plane, tarmac, van, flight office, car, i was throwing up a long time. connell: we got it. we get the picture unfortunately. dagen: well you showed it so. hey, so that locker room mess with miami's football team also has big money implications for the dolphins and the nfl. one of our favorite guests is coming up to talk it. connell: especially for mr. incognito. dagen: don't you want to bash

him in the face with baseball map? connell: immigration reform with big-time ceos. america's best and brightest. we'll talk about coming up. big economic issue obviously. straight ahead, "markets now." when we made our commitment to the gulf, bp had two big goals: help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we' learned, so we can all produce energy more safely. our commitment has never been stronger.

>> at 23 minutes past the hour i'm lauren green with your fox news minute. authorities in new jersey don't believe a gunman who killed himself after causing a lockdown at a new jersey mall wanted to hurt anyone. reports say 20-year-old richard shupe went to garden state plaza mall and fired shots. there were no injuries. his body was found in an area behind the mall. pilots on two small planes are lucky to be alive after coy lieding in midair saturday night in northwest wisconsin. one plane was destroyed and skydivers jumped free. pilot of the second plane was able to land safely. >> what could be a royal publicity stunt "tmz" is reporting that burger king has its eye on the former hollywood home of the king of rock and roll, elvis presley. offer of $3.9 million has been made. keep in mind the company is about to debut its new sandwich called, the big king. those are your news headlines on the fox business network. i'm lauren green.

back to dagen and connell. connell: thank you, lauren. let's make some money now. charles payne is here. 25 minutes after the hour with a stock up 90% year-over-year. so charles is chasing today. dagen: why are you buying it if it is a double? >> well in february of 2011, it was a $41 stock. in march of $200,026 a share. doctor march of 2,000, it was a 26-dollar a share stock. if iting breaks 24 and through 26 i see it going crazy. guys we always talk about the internet bubble. it was as much of a technology equipment bubble as well particularly this networking stuff. all these stocks like this, 400-dollar stock, they're starting to really come back. these guys are coming back because of their products find products. fiberoptic products. their margins went to 35% from 32% the quarter before, from 30%

year before. operating margins through the roof. i think this is company going extraordinarily well. if you want to use traditional valuation metrics, two times book, two times sales, i think it's a screaming buy. connell: 23 and change. you're trading it. you're in and out like steve cohen? maybe that is not a good reference. you're trading in and out of very quickly? what are you doing. >> listen ideally a stock like this i like to hold three to six months. if it goes to 30 tomorrow i'm out. sometimes i let the market dictate my actions. i'm not married to it. i'm married to the idea that fundamentals justify a stock that should be $30. how long it takes to get there we'll see. dagen: as always in short-term trading, hey i'm making so much money and looking how much money you're makeing. >> listen, there is always reasons. i rather make 20% in a week than, hold a stock for 20 years and make 20% and save on capital

gains. that is just me. dagen: trading costs. i'm saying, after tax and after trading costs profit is lot less than people think very often. that is all. >> okay. >> charles, thank you. killing your party, man. >> i know. what happened? she is talking about 10 gs and all that stuff. dagen: did a contest on cashing in years ago. >> i remember that! i remember that! dagen: they were all trading stocks all year. i bought same mutual funds beginning of the year, never traded them. beat them. both years and beat the s&p 500. >> we'll talk about hazing story coming up. >> i'm being hazed right now. connell: you probably have thoughts. scandal in miami is no joke at all. there is big money on the line especially for this guy incognito. we'll tell you about it and new developments on "markets now." dagen: the president is getting together with corporate titans to talk immigration reform that

the white house says could add over a trillion dollars to the economy. oh, certainly takes at least they hope, the focus on the health care debacle. [kevin] pa and i have been friends...

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cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advances. the peter shriver coming up, incognito skip kendall. right now couple food stocks reporting your teams "after the bell," nicole petallides giving us a taste of the perspective. nicole: let's take a look. let's take a look, and opened the book, papa john's, let's see how they are fair in. papa john's up a quarter of 1%. with a gain of 3/4%.

it is down $70.81. rocking these names reporting "after the bell," domino's pizza a rare earnings miss recently, the same business, noted high costs so that is not necessarily good news but they got raised in you see open to people downgraded so watch these names, a mixed bag. connell: they're a big implications in this football story, the lineman, spend indefinitely with allegations that big-time bullying against a fellow teammate of his. the mac incognito has been in trouble, $13 million contract. the senior and a fellow writer for foxsports.com and we are referring to jonathan martin, the man known for the dolphins. >> second round pick from two years ago, and one of the

veteran leaders of this team voted by his teammates to the leadership cal's lead and also a captain in the voice of the locker room, one of the leading veteran players and this is not shocking for those, he was voted has them dirtiest player by opponents in 2009. to hear it on his own team, text messages and voice mails we can't even read on air and asked jonathan martin to chip in 4 of vegas in which martin wasn't going to be attending. connell: if you watch hard dock you know about it is idiotic and say what you want about it but the culture not only of the nfl but other sports is such the new guys get heat. the text with the racism and all that stuff is over the top,

mostly everybody agrees. so what are the implications? the coach, what did he do? how much did he know? other players didn't say a word. things change in the nfl. >> the nfl as an opportunity to use their platform to make this an anti bullying cam-in. with all but negative news to to and this positive. a cellphones, this is hard knocks and every summer a player being tipped too old post as a powder and being punished by teammates. they make every year team that doesn't want to be involved elite has said -- >> and a comedy for a last few years, and the coach yesterday came out and said it is his job to maintain the atmosphere. the nfl doing investigation, we will see what happens. check could be criminal

implications like voice mails coming up. dagen: do the teams, ultimately the teams care, the leaders, the league and even the and if it means winning? this has been going on and they turned a blind eye. >> a lot of sources said those messages are over the line and talk about typical bullying, the guy who has transgressions and the guy who is soft. they would rather have a tough first guy going into battle when a guy who says this atmosphere, that is the nfl culture. it has got to change but it is a long time. connell: dagen mcdowell mentioned the contract. is there any kind -- >> you'll never be picked up after this kind of thing. mm-hmm to $50,000 per game, for the dolphins who spent some much money revamping this scene, 4-4

losing the top offensive linemen and marketing money, a lot of stuff. dagen: you think a lot more comes out of that. it just sounds -- who knew what when. dagen: why those two, why incognito. >> one interesting point. both of jonathan martin's parents are harvard a duty. doesn't have the typical come from scraps, might have been a culture clash, a out of stanford, we are the tough guys, this started when he was drafted and i blame dolphins personnel because the took a risk despite the past transgressions and jonathan martin's black ground and personality. dagen: look at the pictures. look at the guy. dagen: baseball -- running out.

dagen: has to look like every believe i ever grew up with a. connell: to the big business travel costs when talking about sports, travel accounts for an estimated $100 million in hotel business every year it is almost immune to recession, these statistics, travel budgets for major professional sports leagues averaging $200 million a year, marriott expects to get 40% of professional sports hospitality business this year and with the super bowl coming to the new york new jersey area, take a look at last year's 2013 super bowl involving $185 million in corporate travel bike totaling. talk about money in football. the nascar drivers. connell: why doesn't always come back to the? they adelphia i.t. to the track every weekend on a private jet. connell: we talking about football. is a i don't care.

speaking of racing let's talk about prices at the pump at a level of the year continuing to plunge. connell: sandra smith joins us from the cme with the trade in chicago. >> gas prices are going to continue to go lower throughout the end of the year. you probably already noticed the national average overnight aaa reports dropped to $3.24 a gallon, that is down $0.11 from what we were paying a month ago, and down $0.23 a quarter from what we were paying a year ago and premium at $3.59, all those truckdrivers with lower-priced is, 383 good for business and visa just the averages, 70% of drivers in the united states, you are seeing probably gas prices below $3 at the pump. five states, missouri, oklahoma,

texas and kansas according to gasdaddy.com being below $3 as stated average and aaa predicts ten more by the end of the year. we will see as the average of $3 a gallon, aaa says we are going to see the national average get to 310 by the end of the year. the chief oil analyst at gasbut.com, $3 is the national average by the end of the year because there are things keeping it higher like oil prices even though oil has come down from triple digit prices we were seeing, historically high to $90 a barrel still we will see those prices go down further but not like lead to see the national average get below $3. dagen: now on twitter.

and peter schrager too. dagen: new to twitter and more on the white house meeting between the president and corporate leaders on immigration reform. the white house says we could fix it. means an extra $1 trillion for the economy. connell: we will talk about it coming up, helping seniors without their dreams. a great story, jeremy bloom is coming in to talk about the wish of lifetime. the next hour one company says it was not worth it when it advertised on twitter. where is the revenue stream for this great idea? starts trading later this week. we will talk about that to talk about that at the top of the hour. [ male announcer ] need help keeping your digestive balance in sync?

try align. it's the number one ge recommended probiotic that helps maintain digestive balance. ♪ stay in the groove with align. lori rothman with your fox business brief. the service sector, 85% of the u.s. economy grew at faster than expected rate in october we learned earlier today. non manufacturing index rose to a level of 55.4, a pull point from september. u.s. home prices are rising at a slower pace. core logic says increasing 2% in september from august down from 0.9% in august from july. morgan stanley says it may take a lot over mortgage securities,

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connell: was a back and markets now. integration the big issue with this summit under way, as we speak we may get some comments from the president any minute and some big names from corporate america meeting with the president. immigration reform will reduce the deficit by $850 billion, grow the economy by $1.4 trillion, as online registration for the 2015 diversity lottery is wrapped up

over the weekend, controversial program, two sides to this. many people say it needs to end now. the vice president of research at singularity university known as academic research entrepreneur, good to see you once again. this gets to the point is this diversity lottery about who we allowed in when we are debating immigration reform. how important is diversity versus do we want to pick and choose high skilled immigrants? take it from there. >> having the diversity it broadens a number of people, when the economy is bad and been high school graduates with no specific skills coming into almost certain unemployment. we have not qualified them based on the needs of the country or their qualifications, just bringing random people in from countries in africa, some in the middle east, other small

countries just because we don't have immigrants, there has been -- between democrats and republicans the republicans say you can have more high skilled readers if you sacrifice the diversity, democrats have gone -- i don't agree with them. we need to create more jobs. tens of thousands of new product over a generating hundreds of thousands of jobs, five years from now we can discuss diversity and we can afford to bring people to look after them. not a matter of just bringing people in but the employment with the benefits, all the basics of living a good life over here. we don't want to pick on one poor country and another country. connell: the key economic data in this the taking place now, the other side, you are siding with the republican argument, the other side is going to say

that is an american, this family was built by immigrants and people coming in at the bottom and building up to the top, we don't want to stop that. your point is about timing, we economy is. >> enough people at the bottom, that is why we are discussing legalizing undocumented workers and the dream act. those are good things. we really should have the influx of people from the bottom who work fairway. the issue is when the lines are drawn over this, if we pick and choose between doctors, scientists and engineers and other growers to start companies over here and random high school graduates from specific countries it is a no-brainer. why are we debating this thing? democrats and playing games with the republicans and this is what i call them out on this, they are not being sincere. if they care about the country

and economy the would focus on fixing it and getting the agreement done whatever it the can. disagree on things which are easy to agree on and move on to other battles. five years from now and no one is saying close the doors forever. and put americans back to work. connell: good to have you on the show, we will see what the president's perspective is any minute. dagen: two time olympics peer jeremy bloom place in the nfl for a short time, he is an entrepreneur standing by to talk about a charity that will make you feel awesome. connell: agreed story. he will tell us about coming up on markets now. the most free research reports, customizable charts, powerful screening tools, and guaranteed 1-second trades. and at the center of it all

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connell: promised a cool story on markets now. asia just another number, wish of a lifetime. held senior citizens to live out their dreams. dagen: he simply wanted a rug under his cold feet, and entrepreneur making all these things possible. founder of wish of all lifetime. amazing focus for your charitable endeavors. this is an entire group of people who are forgotten in some ways. >> my grandparents were such big influences on my life, my grandfather i am named after him and he was my first ski instructor and my mom wouldn't bet us have candy bars and he was total losses of -- opposite. extra candy bars and throw down

the mountain and learned how to ski. and growing up, the oldest people in society should be respected and thank for paving roads, giving us life, fighting for independence, of causes for children. wish of a lifetime. dagen: how do you connect with them? >> senior living, 650 homes across the country and each of those homes in communities there was the wish to granting program and people who write into this on the web site seniorwishy.org and you know someone in your life for watching somebody that is deserving of a wish they can submit a wish.

>> people of thinking about makeawhich and a lot of programs for kids so older people deserved it. you are an entrepreneur. people know you're athletic career, playing football by the way as well. i read something recently, an article on twitter which was saying athletes often times make a terrific entrepreneurs talking about goal oriented, know how to handle failure. is there an athletic connection with the next step in the career? did it help? >> to your point professional athletes run up against barriers all the time. you set this big bold about playing the national football league's skiing in the olympics and run against these barriers and look at them as insurmountable and figure out creative ways to and passed those in the same famous building the company. the nfl has an awesome program where you take classes at stanford, harvard or warren. i went to wharton when playing for the eagles and my professors

were mentors in my life so i started an internet company three years ago called integrating marketing software company. dagen: what is your next liquidity event? >> investors like a return on their money. our goal is to build a great company and all that will take care of itself and we raise the funding, comcast is of founder with the birdie global sow that is my new football. connell: congratulations. if you have any thoughts on this incognito stuff with the dolphins and played in the nfl, what do you think of it? >> i think a lot of it. i played in colorado, mike tomlin at the steelers and nt read at the eagles and they were very hard, no hazing policy. they would say it redundant week, meetings and training camps. i didn't experience a lot of it and it started at the head coach bubble. i don't know joe feldman so not

blaming him but i don't know what happens in the organization but the teams i've played for were harsh on the policy. dagen: do you feel like? >> as much as i can. dagen: to go from mobile skiing to that to a few times a year. dagen: great to see you, please come back. big elections and referendums across the country today. we will break all down to what it means for the country. >> said to make the trading debut thursday and in the next hour, the advertising on twitter wasn't worth it. markets now. reluctant to try new things. really? what's wrong with trying new things? look! mommy's new vacuum! (cat screech) you feel that in your muscles? i do... drink water.

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law's passed. so we wrote into the affordable care act you're grandfathered in on that plan. but if the insurance company changes it, then what we're saying is they've got to change it to a higher standard. dennis: president obama turning the period into one heck of a long footnote. if you like your insurance, you can keep it, period. i'm dennis kneale. the white house struggling for a strategy to alter the public perception that the president lied to us. now, today is election day, and major races in new jersey, virginia, new york city as well as referendums across the country, potentially revocations for 2016 and the republican party, and we are two days away from twitter's big stock offering. we've got a guest coming up who says his company advertised on the site early on, wasn't worth it. all this and more in the next hour of "markets now."

♪ ♪ dennis: well, the president kind of clarifying, that's what we used to call it in "the wall street journal" when you had a correction, he's going to clarify. cheryl: well, i mean, the thing is he's eventually going to have to come out and to be a bit more real with the american public and fix the darn thing. i mean, that's the problem. dennis: yeah. cheryl: they're doing maintenance overnight -- dennis: no idea how long it's going to take. cheryl: it is the top of the hour, we've got nicole petallides on the floor of the new york stock exchange. a lot of the movement has been europe. we're down 15, but overall the story pretty negative out of there. >> reporter: well, what we see now is the market coming back off the lows of the day, so that's good news for the bulls out there. you've seen the s&p 500 up 15 of the last 19 days. the momentum has been to the upside, and it was likely that it would start to trend back closer to that unchanged line, and that's what we are seeing. the vixx index has an upside,

and the dow jones industrials down 18 points right now, 15,620. you mentioned europe, cheryl and dennis, and that's something we're watching closely as they cut the growth forecast. we're seeing the ftse, for example, down a quarter of a percent, so you did see pressure coming on the european markets. but overall, technology, for example, today is a bright spot. microsoft and cisco can actually leading the way on the dow jones industrials. back to you. cheryl: nicole, we'll see you in 14 minutes. dennis: president obama on the defensive yet again even as he vows to proceed with his signature health care law as millions of people already insured stand to lose their coverage as a result of the new law. but with top health officials now pushing people to apply for insurance by paper and pen, what will the next move be at the administration? peter barnes is at the white house with the latest. peter? >> reporter: well, hey, dennis, that's right. and this issue of people who are losing their coverage, their

current coverage getting their policies canceled because of the health care reform law is the subject of a hearing up on capitol hill today in the senate. the senate health, education and labor committee is grilling the head of the centers for medicare and medicaid services about all of the problems with the healthcare.gov web site and the processing of applications and the loss of current coverage. take a listen. >> the decisions that are made if they don't meet the minimum benefit that was established under the aca, that is an individual that will have a plan canceled, is that not correct? >> no. what i'm saying is they can continue these plans. these plans can be grandfathered in they made these kinds of changes. if they start to reduce benefits, then they fell under the requirements of the aca. so they could stay in these policies. >> reporter: they could stay

in these policies if they're grandfathered. so we'll continue to upon to have all this. and -- to monitor all this. and tomorrow the secretary of health and human services, kathleen sebelius, is scheduled to testify before this committee. you can expect more tough questions. dennis? dennis: all right. thank you very much, peter barnes. cheryl: well, call it a cause for celebration, all ten sectors of the s&p on track to finish the year up over 10% for the first time that we have seen double-digit gains like this since 1995. let's bring in ceo and founder mark madison in studio, it's great to have you here. >> great to be here. cheryl: if you look at what the s&p has done, we saw this price action back in the mid '90s, and it was a bloodbath after that. when you see gains like this, doesn't it make you a little bit nervous? i know you're bullish, but you've got to act acknowledge this. >> actually, no, it doesn't at all. we have to be careful of making false patterning.

while this hasn't happened since right before the last crash, the human, the human psychology, the human instinct is to assume that's going to happen next. the reality is it has absolutely zero correlation. you would need to have 64 inferences of that to draw anything meaningful. that's not happened 64 times, and the reality is all the noble and predictable information is already factored into the price today. so the goal here is to say long term in equities and not try to forecast -- cheryl: but not everybody has a long term -- they don't have that. we have viewers that are in their 50s, their 60s, they're running out of time. and when they hear long-term investment, they get frustrated with that. they say, no, i've got to save something now. >> that's the problem, people live longer than they ever have, so you could be looking at 20 or 30 more years of needing your money in retirement. cheryl: that makes it worse. >> the alternative, if you throw your money in fixed income right now, you get zero interest rate,

so you're looking at 20 or 30 years of basically making no money. the goal is when the market crashed the last time, investors -- cheryl: are you talking about the bubble? >> i'm talking about the 2008 and 2009. cheryl: okay. >> the s&p's up over 200% since then, small value stocks up 240% since then. to the extent they can't take the short-term volatility, they have to offset that with short-term fixed income. but almost everyone's going to need some equities in their portfolio to offset the inflation. cheryl: what we've seen is a lot of people aren't buying bonds right now. that's the contrarians coming out and saying, wait a minute, this market is overheated. what do you say to that? >> well, they are buying bonds, and long-term bonds have a high correlation with stocks. you can see them both crash at the same time. the only way to offset that is with short-term fixed income. don't try to offset with gold. gold's down 30% while equities

are up over 50%. cheryl: gold play is over. you also say where the country is right now is ip adequate. part of this, the blame certainly, is on the fed. but you also say you've got no real gdp, you've got food stamp programs participants going through the roof, 48 million americans or something like that, and at the same time you've got, i forget how many people out of the labor force -- >> yeah, over 90 million have exited the labor force. cheryl: right. so you're saying -- the stock market is going to be, you know, divergent with reality. >> well, here's the reality, you can't predict economic forecasts and then predict the market. for example, if you had perfect clarity over the last 90 years of when you had recessions and when you had a recession in gdp, equities are 11% versus the market in general at 8%, so it's actually better to be in the markets statistically when you have low growth or no growth. it's very counterintuitive, and that's why most people hurt

themselves, get in when it's high and panic when it's low. cheryl: and they're sitting in cash, that's all that's happening. >> and you need to be international. you can't just invest in the u.s. you have to have europe, asia and emerging markets which is up 13% a year over the last decade. cheryl: making money wherever we can. [laughter] mark, good to have you, thank you for being here. >> thank you very much. dennis: we have our own logo, something's really big, and twitter is set for that ipo on thursday. while investors are anxiously waiting, questions arise as to how effective it is as a platform for advertising. one doubter is the ceo of video-sharing sight that bought ads on twitter and found skimpy impact. ceo greg costello joins me now. you spent $40,000 on twitter ads, what resslt did you expect for that versus what actually happened. >> >> well, we had hoped to get a lot of downloads. we have an app called give it,

as you said, and we tried a number of different advertising mechanisms, and we're big fans of twitter. we actually incorporated it right into our app, so we expected to get many downloads for our 40,000, at least 20 or 30,000 downloads. ten deb okay. >> what we actually got -- we actually got more like, um, 600. item deb 600? >> yeah. the re because twitter doesn't have a direct mechanism to make downloads happen. what you're paying for is, essentially, to get followers. so for spending $40,000 we got 6,000 followers. of the 6,000 followers, about 10% converted to doing downloads, that's about 600 downloads. dennis: is it better for you? >> absolutely. facebook, we tried a bunch of different ones, google and facebook, and facebook we were able to get, spend about $1.50 per download to contrast that with twitter, it ended up being

about $75 per download, so there's a big gap. dennis: why was it better for facebook? did they have an instant button letting you do the download or did it also have a link and they had to convert to a download? >> there were a couple of things, and one thing i should say is twitter is rectifying this, i think, last week. but facebook allows you to display an image in your ad, and twitter did not. at least did not auto expand. so, basically, you were having to leave for just text with your ad for twitter. with facebook with you had an image as well as the kind of targeting you can do with facebook is really precise. they talk a lot about the social graph and the ability to target to people we think would be most interested in our product. so there was a direct connection between, basically, looking at the image. if it was interesting to the user, clicking one button and downloading the app. so that kind of seamlessness between the experience of facebook wasn't available on twitter. dennis: okay. do you think the actual setting

and the fact that twitter is this constant blitzkrieg, this constant fire hose of bits whereas facebook you're kind of hanging out, does the environment have anything to do with it? >> i think it certainly does. i think for facebook, for example, you see images in a lot of the posts, that's a very normal thing to see. and with twitter, as you said, you have this blitz of text, and it's very hard to create a brand around text. dennis: okay. and now let's talk about the ability of a tech company like twitter to serve the ad community. you know, yahoo! had a huge 5:yens and the potential to convert that audience into great ad revenue was wonderful, but then it did a terrible job of serving the advertiser. how does twitter do at serving the advertiser versus facebook? >> facebook has an entire team dedicated to making you successful. and i think with twitter they're missing that today. this is easily rectified, but today you have the ad sales team, and you have the development team. there really needs to be a team

in the middle that really focuses on making you successful. dennis: okay. >> and i think twitter as it grows will be able to, will add that to their organization. dennis: okay. thank you for being with us, greg costello. a parting shot, even despite your concerns, would you buy the stock anyway on the ipo? >> not yet, but i'm watching to see if today make these improvements. dennis: all right. thanks a lot for being with us. >> thank you. cheryl: well, it is a big night for politics that may have big ramifications for the 2016 elections and the republican party. we're going to break down all of it for you coming up later on the show. dennis: and it's what's bugging me, blackberry's plummet from grace. what or who is behind this? tweet me your thoughts. meanwhile, as we head to break, let's look at energy. ♪ ♪ ♪

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cheryl: dow down 15 points right now, but let's take a look at a crucial sector right now, and this is a sector that is moving bigtime. we all like to talk about food, right? it is lunchtime, right? noon eastern time, 9 a.m. in california, you're probably having coffee and like a croissant, something like that. take a look at buffalo wild wings, this is a group that, as a sector, is beating the s&p 500. s&p's at 24%. these companies, it's up 102% over the last year. you want to keep an eye on these guys. we talk about food inflation, prices, but take a look at the sector, it's jamming for the year. stocks every 15 minutes, let's head to the floor of the new york stock exchange, we've got nicole petallides standing by, what are you watching? >> reporter: i'm watching a story pertaining to bangladesh and some of the retailers we follow closely, the gap, walmart, nike. gap and nike have up arrows, walmart's pulling back. nike up more than half a percent today. the story is that a

government-appointed panel is now reviewing the min mumming wage -- minimum wage there and may increase it 80%. now, the back story is back in 2010 all of these retailers actually spoke to the prime minister there and recommended that the minimum wage at that time back in 2010 be raised because of worker unrest. then, and it was raised at that time. i think it was about 50% or 60%. six months later now after they doubled it, as i was right, they actually doubled the minimum monthly wage, you have retailers again, the gap and h&m, sending another letter all of this because there are worker grievances that are, to a certain extent, impacting the production for some of these companies. so it's a story, and we'll continue to follow it. back to you. cheryl: emerging markets, nicole, thank you. dennis: what's bugging me is the blackberry debacle. rarely do we see such a blatant

display of screw the shareholders, crony capitalism, unmitigated mismanagement and lying about it all in one place. plenty of blame here. you've got the ceo, blackberry's stock is down 60% since he took over in early 2012. he bet the company on the z10, an iphone wannabe, that discarded blackberry's defining feature, the keyboard. and aslerly was burning, he contracted to buy a third company jet and negotiated a fatter severance package for himself in case of a takeover. now, months later blackberry got a takeover offer from fairfax financial whose ceo, prim watsa, was on the blackberry board when it approved that fatter takeover package which isn't so prim and proper at all. and then fairfax scuttles its takeover offer yesterday, sending blackberry shares tumbling down another 16%. so now the ceo is fired,

belatedly, and could leave with $20 million, and prim watsa becomes lead director, gains de facto control of blackberry, puts up only $250 million as part of a billion dollar loan. the loan can be converted to a 16% stake in the company, and the rest of the blackberry shareholders, they are screwed. so tweet me @denniskneale. it's a simple question, what caused blackberry's fall? that's what's bugging me. cheryl? cheryl: i keep wondering what to do with this. all right, from washington state to cincinnati and beyond, sweeping referendums on ballots across the country today that could have major effects on you in the near future. fox news political analyst juan williams, washington examiner senior columnist tim carney are going to be here to break it down. as we go to break, take a look at the world's currencies, you've got that negative read on the european economy in this morning.

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welcome back to fox business. at 23 minutes past the hour, i'm lauren green with your fox news minute. authorities don't believe a gunman who killed himself after causing a lockdown at the state's largest shopping mall wants to hear anyone. he reportedly went into the garden state plaza mall last night and fired shots. his body was found on the lower level of the mall. a union representing federal security agents is calling for a new class of armed tsa officers. the request follows last friday's shooting death of a tsa officer at los angeles international airport. the first fatality in the agency's history. tsa administrator john pistole has said the agency will review its protocols after the attack. and to olympic flame is heading into outer space for the first time. the torch for the 2014 winter games will be sent to the international space station aboard a russian spacecraft this week where astronauts will take it out for a space walk. and that's your fox news minute,

back to you. ♪ ♪ dennis: time to make a little money with charles payne, he is now looking at the three faces of a bull market based on dow theory. >> the dow theory. you know, guys, i thought about b the dow theory a lot because yesterday transports closed at an all-time high, and the editor of "the wall street journal" for years wrote a bunch of editorials that they later on made into the dow theory. and a part of that component says that a rally is justified or at least, you know, has a lot of credibility when transportation is doing well. and, you know, so the reason i'm bringing this whole thing up is you're hearing a lot of talk about bubbles, a lot of talk about crashes, i thought maybe we should have a discussion about this because, you know, i happen to think that this market has a lot more room to the upside. one of the things that bothers me a lot is when people tell me they're waiting for the pullback or the crash, and, of course, we know people who have been waiting five years, and it

hasn't come up yet. surface the dow theory's concerned, a bull market has three phases, accumulation, then what they call the big move and then excess. and i guess the argument is we've got to be somewhere between the big move and the excesses, if you will. recently, we had news that there was a big inflow of money into mutual funds, but for the most part this has been the most hated, quietest rally in the history of mankind, and the sort of euphoria that normally would accompany a crash, in my mind, still isn't there. cheryl: but, charles, i'm sorry, we were looking at the s&p 500 at the top of the show, and if you look at the s&p, all ten sectors are up double digits this year. that hasn't happened in 20 years. people get scared. >> they do, but i can tell you something, after 2001 i saw amazing earnings that were never built into the stock market. it took seven years for the dow to get back to the high, nasdaq we're still not back to the high. because something is up double digits doesn't mean it's overvalued, you know?

you can go to riggsal valuations like -- traditional valuations like pe ratios, things like that, they're nowhere near bubble or clash or euphoria territory. i haven't had a cab driver stop at a red light and put in a few trades either. let's get on the bear side where you may have an argument that the fed's going to go away at some point -- cheryl: the stimulus, you mean. >> the tapering. listen, this morning we were down 100 points and now we're up. i think today's session so far is a microcosm of why investors better be careful about either not participating or selling too soon. down 100, up dennis: a good, upbeat note. i like it. thank you, charles payne. cheryl: i'm being selective. we'll discuss later. well, as americans head to the polls, we break down some of the tightest races and what those results are going to mean. dennis: and zombies on the gridiron. how the walking dead is challenging sunday night

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your money needs an ally. ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk soutrn. one line, infinite possibilities. dennis: stocks now and every 15 minutes, let's go to the floor of the new york stock exchange and nicole petallides. the dow just inching into positive -- >> reporter: absolutely. i got so excited about the dow in the green for all those folks who are bulls. pretty interesting to watch the dow, dennis and cheryl, we've seen it down 117 points earlier today and back in positive territory, and the s&p 500 found

support at the level of 1755, 56 which the traders have been watching closely. orbitz worldwide, down 18.25% right now, lower profits, higher costs. they also hit their revenue forecast for the year of 2013. it's a great winner this year, up 102% this year but today down nearly 20% for orbitz worldwide, and they own cheap tickets. back to you. dennis: thank you, nicole. cheryl: it is election day and some big races are taking place around the country including the fight for governor in virginia. state attorney general ken cucinelli is facing off against democrat terry mcauliffe. and in new jersey governor chris christie fighting for a second term. he is facing off against democrat barbara bueno, and a record $35 million has been spent, based on outside sources. for more let's bring in juan

williams and washington examiner senior political columnist tim carney. gentlemen, thank you for being here. juan, i want to start with you first. the issue in new jersey, you know, it was a democratic super pac that pushed to overturn state limits on spending from outside groups. christie's ahead by 20, by some polls 30 points. why spend that money? what's going on in new jersey? >> the state legislature, cheryl, look, the democrats and in particular here the unions are concerned that with a big victory -- and it looks like by all indications it's going to be a tidal wave for chris christie -- that they might lose power, that if he has coat tails and that, by the way, is the operative issue in virginia, if he has coat tails for republicans, it could mean victory in the legislature, drive up the republican presence, give christie more leverage as he tries to change the agenda. cheryl: tim, it's no secret he's had a lot of problems with the teachers' unions, at the same time we all know that he's got

his sights on 2016. does this strategy hurt him, tim? >> no, i don't think he'll be hurt by getting attacked by teachers' unions. it certainly will help him in the republican primary gape some credibility -- gain some credibility with the conservative base, and i think even being in a general election being the enemy of public sector unions probably wouldn't hurt him either. i see him as being strengthened for the reason he can say, look, my enemies for the teachers unions, that helps him win over the conservative base. cheryl: also something else, juan, if you look on the democratic side and this is going into the issue of virginia versus new jersey, this is two different races. what we're seeing in virginia is a tea party candidate who, frankly, is in trouble. and then you've got somebody like mcauliffe who, you know, at this point, i mean, it's his to lose. having said that, juan, the democratic governors' association spent five grand in new jersey, guess how much they spent in virginia?

they spent eight million on this election. is this strategy going to pay off for the dems? is. >> yeah, because it's a winnable race. they should win it at this point given the troubles that the incumbent republican, bob mcdonnell, has had. some of that has transferred to cucinelli. so what you see here is tremendous spending. let me tell you, cheryl, just think for a second 10 to 1 is what mcauliffe has spent on tv versus cucinelli in the last few weeks. that gives you an idea of how much money and the big bet democrats are placing on mcauliffe today. cheryl: all right. at the same time, when you look at -- and i always like to see what the advertising spending from the states -- if you look at how it's spent in virginia, it's staggering. in support of cucinelli, negative ads have been running about $10 million. that's all spending for him, but for mcauliffe, $15 million has been spent. >> right. cheryl: now, we go through and we move into next year, is this going to haunt voters in virginia?

>> i don't think so. cheryl: go ahead, tim. >> i think there could be, as juan suggested earlier, real down tick implications of cucinelli being so dwarfed, of mcauliffe so successfully painting him with a wad brush. first of all, that swings the state senate over to democratic hands because the lieutenant governor breaks the tie vote, and that allows mcauliffe to help build up the democratic network for congressional, senate and presidential races in the next two election cycles. mcauliffe is really bringing in the business community in northern virginia to the democratic side while cucinelli is saying he's run against crony capitalism so much, he's turned off a lot of the contractors in northern virginia. cheryl: that is what's so interesting when you compare virginia and new jersey, juan, this is a referendum for the gop overall. this is going to show the country where the republican party goes in the next two years which the party be, frankly, has been stunted by mitt romney's loss to obama.

>> yeah. well, you know, i think chris christie is a bright, shining star in the republican ranks. but remember, i think that. i don't know what tim thinks. i'd be interested to hear, cheryl. i think a lot of tea party people just don't like chris christie. he's going to be able to say, but look, i am able to win, and i'm able to, you know, build bridges to people who otherwise might not even vote republican. is that attractive to the tea party base? >> ultimately, republicans always nominate the guy who they think is most electable. all this talk about control by the tea party, that might work in senate and house races, but every single election of my life and going back to goldwater with, basically, since then every election republicans nominate the establishment guy who is deemed as the most electable. and if christie can establish himself as that, he could end up being the nominee very easily. cheryl: well, it's going to be playing out very shortly, and tonight's going to be a big night.

juan, tim, guys, thank you very much. appreciate you being here. be sure to tune in to the fox business network beginning at 8 p.m. eastern time, neil cavuto has special coverage of all the nationwide election results, the referendums as well. he'll be joined by yours truly. i will see you tonight. dennis: in your wednesday media minute, netflix just bought exclusive rights to its first original movie, "the square," a documentary on the egyptian uprising that began in tahrir square, and now it's making nice to the theater owners it insulted only a weak ago. rankled theater owners in a speech saying they stifle innovation and should let films premiere on netflix the same day they open in theaters. now he says that's not what he meant. sure it ain't. and zombies beat the colts and the texans. walking dead on the amc network beat out sunday night football in luring the ad target of adults under age 50.

walking dead drawing 13.3 million viewers including almost 9 million adult cans 18-49, and that is more than the audience lured by sunday night football. and you know how print magazine's struggling to survive? well, now a thriving online site is going into print. allrecipes.com owned by meredith corp. is starting a new print version, six issues a year, half a million subscribers. cheryl: well, johnson & johnson hit with a massive fine in one of the largest fraud settlements in u.s. history. what it means for the rest of the industry, that's next. dennis: plus one sticky scandal in hawaii, why people are crying foul over a molasses bill and take a look, meanwhile, at the ten-year treasury. ♪ ♪ we went out and asked people a simple question:

how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪

♪ ♪ >> i'm tracy byrnes with your fox business brief. u.s. home prices are rising but at a slower pace. core logic says home prices increased just two-tenths of a percent from august effectively down from nine-tenths of a percent in august from july. dodge's ad campaign featuring

anchorman is working. according to ad aid, sales of the durango pickup have soared 59% in october since ron burgundy can -- began airing, and services sector grew at a faster-than-expected rate in october. it rose to 55.4, up a full point from september. economists were expecting a decline to 54. that's the latest from the fox business network, giving you the power to prosper.

dennis: in this one of the largest health care fraud settlements in u.s. history, j&j, johnson & johnson, and its subsidiaries will pay over $2 billion to settle claims that they promoted drugs for uses not approved by the fda as well as sending kickbacks to physicians. and joining us now is one of the lead lawyers in that case, david stone, trial manager and managing partner at stone and

magnini. thanks for being with us. you know, in this whole area of off-label drug usage, there's a gap between what the fda approves and what doctors can do. they can prescribe any drug for anything. how e egregious was the behavior here regarding these drugs for schizophrenia they ended up using for elderly dementia patients? >> it's extremely egregious, and the reason for that is the fda has reasons why it's very strict about uses for a drug. and it requires trials, it requires a number of trials, in this case those trials were not held. instead, johnson went out, paid physicians, and there's, you know, substantial evidence of this, they went out and paid physicians to prescribe these drugs for off-label uses to the most vulnerable patients out there, the elderly, dementia, children. deb right. do we think the doctors were knowingly prescribing drugs they knew wouldn't work or do we think that the doctors felt

like, you know what? i actually think this schizophrenia drug could help my elderly dementia patient in. >> i think some doctors honestly believed they were helping their patients, and many doctors did it because they were incentivized to do it. dennis: because of the profit motive. >> correct. dennis: this $2.2 billion comes in -- >> correct. dennis: what portion will go to the actual alleged victims of these off-label prescriptions versus what portion goes to the lawyers like you who sued j&j? >> the vast majority of it will go to the government. what the government does with it is a mystery -- dennis: wait a minute, why is it going to the government instead of the victims? >> because in this case, this is a case based on fraud on medicare and fraud on state governments which paid for this drug. dennis: wait a minute. so our entire problem the government has with this case is that were not approved, their problem is that this was a ripoff to the medicaid and medicare system, that we paid

for drugs with government money that we shouldn't have paid for because they're not worried about the victims? i thought this was supposed to be this terrible thing that hurt victims. >> well, i don't think that's fair. i think the government is concerned about the victims. the government has imposed very stringent corporate integrity agreements on johnson which require them to report monthly, essentially, to the government that they've put in all kinds of compliance requirements, all kinds of transparency requirements to protect patients and to insure or that doctors are given the true state of what the research is and not some biased version of the research. dennis: right. you know, the problem here, david, is if i have a mom, let's say -- sorry about this, mom -- who has dementia, mom doesn't, and she's in such horrible shape you get so desperate. you're dying for a drug that could help her, and you know what? you don't care if this drug passed the right fda process or not, what you care is, hey, it's helping my mom.

how do you do something to fix that gap between what the fda approves and what doctors end up thinking works? >> i agree with you, there's a gap, okay? the fda has a regulation which prevents the drug companies from marketing for off-label use, but it doesn't prevent the doctor from in his own, you know, in his own decision to prescribe a drug for an off-label use. and that's a big disconnect. dennis: it is. >> but i think the problem is there's such an incentive for these pharmaceutical companies to mislead doctors about research and about the uses of the drug because they expand their market shares -- dennis: right. without having to spend the money testing it and proving it. >> a huge amount of money for this, billions of dollars. so it's a huge incentive. and the problem is doctors try, they try to read all the research, they try to educate themselves about it, but when they're being bombarded by this one company that's hiring doctors to write, you know, articles about the use of the drug, it's hard. dennis: with the profit

incentive to boot, yeah. okay. >> so the point is to disincentivize that disconnect and allow daughters to make informed -- doctors to make informed choices. dennis: 30%? >> typically 15%, and i would point out that in most cases the vast majority of the recoveries by the government have involved whistleblowers. dennis: yeah. >> and it's important that whistleblowers be recognized for the risks that they take. dennis: we'll bring him back on, i think whistleblowers ought to do it for the good of the country and not for millions upon millions of dollars in stool pigeon bribes. thanks for being with us, david stone. cheryl: well, oil is falling below $94 a barrel for the first time since june. to the trading pits of the cme and phil flynn. still falling, huh? >> yes. we are rocking right now. in fact, we may take out $93. we just made new lows while we were waiting here, 93.22, the new low. and a lot has to do with the incredible amount of supply that we have right now.

oklahoma, add to that, of course, the nonmanufacturing data which has taken away or, you know, increasing the odds of tapering. the oil bulls don't have a lot to hang their hat on right now. maybe a few weeks from now they will. we just heard a report from transcanada, this pipeline they're building to get oil out of oklahoma down to port arthur, texas, could be completed in the next couple weeks. that could take some of the supply that's been building up in oklahoma, get it down to the refiners. but that's not going to help the market today. the other big market today is cocoa. cocoa is rocking today, absolutely exploding today. could be because we had an explosion at a chocolate factory here in chicago. they're a major, one of the biggest in north america when it comes to cocoa use and, of course, that fire gave us a boost. but we also had some strong concerns about supplies in ghana and in indonesia. big down on the supply, big up

on price. back to you. cheryl: i'm trying to think of what a cocoa fire would smell like. >> oh, boy. [laughter] oh, i'd love the smell of chocolate in the morning. you walk by the factory, you smell it all the time. cheryl: time for your west coast minute. washington state voters will head to the polls to decide if foods should be labeled with genetically-modified information. they would be the first state to enact laws like this. keep an eye on kraft and procter & gamble. these are companies that are certainly going to be affected by this ruling, and the stocks are mixed. san bernandino county voters may clean house literally today, the bankrupt city has ten candidates for mayor and several city council officials facing recalls since the bankruptcy filing tied to pension obligations. crime is up, businesses are leaving. two-term mayor patrick morris, he stepped down. and the locals are calling it no molasses gate.

newly-discovered documents reveal the hawaii department of transportation knew a year ago about a leak coming from a pipeline, a molasses pipeline that was in honolulu harbor. officials told the company about it, but the leak was never fixed, the d.o.t. never followed up. that comets, i'm sure, and that's your west coast minute. dennis: it's a sluggish situation. cheryl: it's an environmental disaster too. dennis: the blackberry saga continues, and who's to blame for the downfall? your responses to what's bugging me next. cheryl: as we go to break, though, a look at some of the big winning names on the nasdaq. sba, catamaran, i like that one. be right back. ♪ ♪

dennis: what caused blackberry's fall fm grace? it's what's bugging me, and here's what some of you had to say. mike kelly says the call was, quote: very poor management. i do not own a cell phone. they are privacy thieves. and call me denise tweets: i said this back in 'to 07 when the iphone was announced, then they released the next blackberry that year, and i was convinced. and amend it to defend says: no more crackberry, and finally v3 ceo says: tears what a great legacy and time, and now google owns us. cheryl: everybody knows paypal cofounder peter keel put the first money into facebook, but who put the first money into paypal? meet john many low, he's coming up in the next hour, and we're going to get his take ahead of twitter's big ipo. dennis: and when rainbow

sprinkles just won't cut it, next hour glow in the dark ice cream made from chemically-produced jelly fish. ♪ ♪ [ male announcer ] what if a small company became big business overnight? ♪ like, really big... then expanded? ♪ or their new product tanked? ♪ or not? what if they embrace new technology instead? ♪ imagine a company's future with the future of trading. company profile. a research tool on thinkorswim. from td ameritrade.

ashley: i am adam shapiro. lori: i am lori rothman. an evaluation make it more expensive than facebook but with the fifth of these but users so far and no profit, is it doomed to repeat the same mistake? john molloy has an eye for investment, he spotted paypal before you heard of the company. here is more on his stick with twitter. adam: extreme emergency. that is what governor pat quinn calls is the's $110 billion debt burden. we will hear from illinois's largest pension fund, its teachers' union has lawmakers meet today to grapple with the

gigantic debt. lori: the future of the republican party comes down to two governors' races that will be decided tonight, when in new jersey and the other in virginia. adam: chocolate, vanilla or jellyfish? the new ice-cream power that will have you reaching as far into your wallet, $25 a scooped. it is like chocolate cake. we will bring you the glove in the dark ice-cream, you will meet the inventor's this hour. lori: a busy show ahead. let's get you updated on the market with a trip to the floor of the stock exchange and nicole petallides. the dow briefly erasing a loss of 100 points. nicole: i would buy that for my kids sooner or later. the markets have really come of of the lows. the s&p 500 hits support levels, 1755, managed to bounce off of tha