program starting next month, but can the economy handle higher borrowing costs? lori: plus, $375 per person to eat at applebee's. we'll tell you why one of their restaurants is charging that lofty amount on new year's eve. adam: and what you see may not really be there. how advertisers are digitally projecting their message onto everyday items inside your favorite tv shows. but first, we're going to head to the floor of the new york stock exchange, and they're fighting for gains, a big one point higher, right? >> reporter: you know, that's a great way to put it, adam. this is the type of day where you don't see much movement in the major averages. look at that, can it get any flatter than that? but you to see some individual stocks breaking out. as you can see, the dow's up not even two points. the breadth of this market is actually negative right now, and the sectors are more negative than positive at this moment. so you could say that this is more of a down market. one stock selling off, once

again, is twitter. if you'll recall back on friday, the stock, 60 million shares changed hands, down 13%. big deal on that volume and that decline. it's down once again today by more than 7%. at last check volume was about 31 million shares, so very heavy volume in this social stock. you know, i think the headline on an article i just read on marketwatch summed it up best, irrational exuberance meets reality. so this is a stock that really moved so dramatically since its november 7th ipo and now finally getting grounded a bit. back to you. adam: reality's a bummer. [laughter] lori: with the dow and s&p trading near records, are we truly in a pull market or not? well, my first guest says probably not if you look at the nasdaq, executive director and chief market technician with mkf partners. hey, jonathan. you're looking at the prices, the levels of the markets, where they've been and where they're

going, and with the nasdaq just 26% off that high, that's significant. >> it is. you like to see all the indices trading above their 2000 highs, but if you look back to the 1920s time frame, the dow jones peaked in 1929, it doesn't out those highs until 1954, 1955. lori: but the s&p 500 and the dow jones industrials have broken way past those levels so, again, why is it significant that the nasdaq hasn't? is that a signal that you wouldn't characterize this, per se, as a secular bull market? >> yeah, you could say that. i think more significant is not whether it has or hasn't, but the fact where it is in relation to those highs. as you mentioned, we're at a retracement level. if you look at the tech bubble decline, we're now back to 76 .4% of that decline and also in

the area of the late 2000 rally. we're at a key level where we would expect some resistance to come into lay. lori: there's the nasdaq right now. just to remind everybody, gives them perspective of where we've been, again, to retrace that key high. where do we go from here? look at these levels not just from the nasdaq, but the s&p as well. 1839. what does it tell you about what's to come in the new year? >> obviously, this year is the best year for the s&p since 1997. what you tend to see in strong years is that the market closes out the year very strong, on the high note. that's what we're seeing this year. even if we're down today and tomorrow, we will have made the high in the final week of the year. whenever the s&p makes its year to date high in the final week of the year, it returns one, two and four weeks later in january tend to be very strong as well, so that kind of would be the set up here. and further we looked at years that were up 25% or more and

closed out the year on highs or even stronger. that's only happened five times since 1950, and every time the average year was up for an average gain of 12%. that does bode well, but at the same time, as you mentioned, we're coming into some key levels of resistance -- lori: we've come so far so fast. the nasdaq, 37% year to date, right? >> yeah. lori: and you mentioned the s&p 500 -- >> up around 30%. lori: so much talk. let's talk about, i know twitter trades on the new york stock exchange, um, but it's down 20% since last week, so there's so much concern about overvaluation, especially in technology. we talk about the nasdaq coming so fast and furiously. does that concern you about another version of the 2000 tech bubble coming our way? >> it's a little bit concerning, but i think you have to put into perspective of the size of the market caps or the names that are, quote-unquote, the bubble, those markets are a much smaller percentage than they were in the

2000 tech bubble when you had microsoft and intel really dominating, you know, the four horsemen, hay call it. dominating the entire nasdaq. they're a much smaller component, so you could have this mini bubble in social media, but it's not as concerning for the broad market, i think, yet. lori: okay. back to the broad market. are there, you know, when you look at valuations, people have told us, strategists, time and time again that the pe, that the valuation of the s&p is still historically low. do you agree? >> i mean, i'm a technical analyst, so i don't get too much into the fundamental side, so what i will say is, you know, as you mentioned the s&p and a lot of the indexes are at these all-time highs. outside of the nasdaq -- lori: you won't go out on a limb and give me a 1900 s&p -- >> my near term is around 1875, and that's based on if you extend the trend lines off 2000 and 2007 peaks, that gets it to about 1875. lori: all right. you're not a fundamental guy, yet you do like some specific

sectors because of their price levels. construction materials names interest you right now. why? >> yeah. i think a lot of these names have lagged the broad market since the '0ed lows. but, you know, as the global economy, the perception that improves, these construction materials, you know, basic industry names are going to have to participate. so something like a caterpillar, a terex, these basic material plays, they should do well as the global economy picks up, and the charts are starting to support that. lori: jonathan, thanks so much for coming in. happy new year. >> you too. adam: the federal reserve finally is going to start pulling back on its $85 billion a month bond-buying program, but peter barnes is going to join us to answer the question, is the economy strong enough to handle higher interest rates? peter, what do you think? >> reporter: well, i'm asking a lot of folks about that, adam, and one former fed economist says that the story in 2014 will be the tug-of-war between the markets and the fed over the economy and interest rates as

the fed continues to taper its billions in monthly quantitative easing bond purchases. the rate on the ten-year treasury has already rebounded to about 3%, its highest level in two years, in anticipation of p continued tapering in 2014 and a better economy. but the rise in yields could threaten the recovery, especially the recovery in the housing market. former fed economist joe gagnon said the fed will tolerate some rise in rates because of stronger growth, but he said the fed will do whatever it takes to keep rates from rising too fast, including putting the taper on hold next year to show the markets it means business. >> the fed is absolutely not going to let itself lose this tug-of-war with the bond market. if the bond market threatens to derail the recovery, the fed will pull out all stops. but what i'm saying is that i hope and i believe that it won't go that far and that some further gradual rise in bond yields over the course of the year not derail the recovery.

>> reporter: still, barring any major increase in interest rates, he expects the fed to finish tapering by the end of next year. he preponderates the new fed -- expects the new fed makeup with janet yellen as the chair to keep current policy in place in 2014 and keep it on track. adam? adam: peter barnes in washington, d.c., thank you. lori? lori: here's a stock arelater for you, especially if you wear crocs, shares today soaring, getting a $200 million investment from blackstone group. the private equity firm will get a 13% stake in the company, two board seats as part of the deal, and crocs also announcing its ceo will retire in april. crocs will use the money to help pay for a $350 million share buyback. adam: ford is staying on top, the automaker expects it will be the best selling brand in the united states this year and widen its lead over toyota. ford sales are up 15% for the year through november, and ford sees 2013 sales hitting 2.4

million units. shares of ford are moving higher on this news for the year. they've underperformed the market, up just 18%. lori: and it just got a whole lot more expensive to be rich in france. france's highest court approving the so-called millionaire tax. this means companies with employees earning more than one million euros will be summit to a 7 -- subject to a 75% tax. originally, the tax is going to be imposed on individuals, but that was ruled unconstitutional. the approved tax will last two years and is not allowed to surpass 5% of a company's annual revenue. adam: gold is slipping today, heading for its biggest annual loss in more than three decades. fox business contributor phil flynn of price futures group is in the trading pits of the cme with the latest, and should people who are all aflutter about gold be thinking, boy, did i make a mistake? >> reporter: i, you know, it depends on your thing. if you look at gold from a historical viewpoint since 1999,

it's outperformed the stock market. and with the stock market being @s uncertain as it is with concerns about tapering and whether the economy's as strong as it should be, you should have some gold in your portfolio as a diversification. i mean, we've seen the biggest thread between the stock market and gold probably in history, you know? and a lot of times when a market overreacts like it does, you know, sometimes either stocks are too high or gold is too low. look at this battle. what way to end up the year, but battling, $1200 an ounce. this is an area we broke through three months ago, we dipped below it, we came back above it, and right now we're battling 1200. i'll tell you, the industrial metals are looking very strong going into the new year. if the economy's good, they're going to be really good. adam: let's talk about oil because oil's drifting today, poised for a much better 2013 than gold especially with the united states now the new saudi arabia. >> well, it is. and i'll tell you another thing, we're going to end up the year

with more oil in inventory than ever or, you know? and a lot of people are wondering why has oil rallied back above $100. part of it is we're starting to get more in line with the global market place. the price of brent crude was very strong, $20 premium, that's starting to come in as we're exporting more. we're going to be moving more oil from the middle of the country, oklahoma, down to the gulf of mexico. that's going to put us more in line. of but right now i think we're a little bit overvalued, and the market's feeling that right now. adam: all right. phil flynn, see you in a bit. lori: well, it's apple v. icahn. the battle royale between the tech giant and the activist investor who wants to unlock value for shareholders. adam: and democrats are pushing for higher minimum wages in the new year, but we have a guest who argues it will only decrease opportunity for unskilled workers. lori: plus stocks that talk back to you? what would yours say, shah pee

row? never mind, i don't want to know. we're going to show you a pair of smart socks. they basically give you feedback while you exercise. stick around, we have a fun hour coming up on "markets now." decline, we're now back to 76 ñ

lori: we're following the latest developments on a stranded ship in antarctica. more than 50 people are onboard, and it's been trapped in the antarctic ice since christmas. so we're understanding here that it will be evacuated by a chinese helicopter today if the weather cooperates. this comes after a second icebreaker ship was unable to reach the ship because of high winds and snow. right now 74 people onboard. they're said to be in good spirits. i saw a picture earlier, new york post, they were smiling. a lot of scientists, so they're continuing to do research, posting videos on the internet for family members. good luck to them, for sure. adam: we're going to check with lauren simonetti, however, where things are not quite as cold on the floor of the new york stock exchange looking at today's big winner. >> reporter: yeah, trying to heat up here. the dow's up about eight points now.

big deal, right? but disney, a dow component, is surging to an all-time high, adam. so, obviously, with that gain it's certainly leading not only the dow industrials, but also the s&p 500 right now. here's the news on disney. guggenheim upgrading the company to a buy from neutral, also giving it an $87 price target that from $77. they see a lot of positive catalysts coming in the next few years, one of them the year 2015 when disney will open a park in shanghai. also the momentum from movies like frozen. back to you. lori: apple telling shareholders to just say no to carl icahn, demanding apple increase buybacks and dividends, but the showdown at apple has really begun. what can we expect next? macdonald has the bottom line. >> reporter: i may test the waters for a proxy fight, he was back then saying apple is not a

bank, shareholders don't want to be investing in a bank given the sizable cash on the balance sheet now, approaching $149 billion, apple is saying, you know what, carl icahn? no dice. the board is advising its shareholders to say no to carl icahn's demand to increase the stock buyback and dividend to $150 billion from an already $100 billion, you know, repatriation of capital back to shareholders. here's what it says, we recommend a vote against this proposal. here's what apple is saying, that apple's success stems from its unique ability to deliver innovative products that create new markets, that the rapid pace of innovation requirement investment flexibility and access to resources, goes on, capital returns should be performed with the long-term interests of the business and shareholders in mind. here's the bottom line, here's what's going on. apple, yes, has nearly $149 billion in cash on the balance sheet. only a quarter of that is parked here in the united if they had to repatriate that

back from overseas, they'd have to pay higher taxes to meet carl eye land's demands of 50 million more, or they would have to borrow from the finance be markets. apple would experience a hit to the bottom rhine if they follow through -- bottom line. adam: but interest rates are so low, they could do the borrowing. wasn't it david einhorn, it's like icahn's picking up where he left off. >> listen, i know that the rates are low, but the borrowing procedures are a pain in the neck for companies to go through, including an apple. in other words, you do get the debt financing, but it comes in down the door. yes, you get the deductions on the bonds, but apple is saying that we know best how to run our business, not you, carl icahn. lori: interesting, apple is standing very strongly, they are down today, but getting that china mobile deal finally, led to some downgrades, right? there was some concerns that wouldn't happen, so, you know, it was a good holiday season for apple, so it's getting strong. it has the power to say, see you later, icahn.

>> yeah. the other thing, too, tim cook is saying the stock did not perform as expected, so he is not going to have access to an estimated $4 million in stock grabs, although -- [inaudible conversations] lori: trading, well, the street's listening to your report, we're watching this stock fall precipitously, now it's off $7. >> well, i don't know if they're listening to me, but tim cook is being a leader here according to analysts on wall street, he is essentially saying i will turn back four million of stock grants because the stock didn't perform as expected this year, so he is walking away with 4.2 million in cash and bonuses about -- adam: prizes. >> 26 million in -- 36 million in stock grants. adam: thank you. television ads for the dvr generation as more of us skip through commercials while we watch our show that's been recorded. up next, there's a company that has a digital solution. you may not like it, and you're not going to believe it. lori: and looking for something on which to watch those new-fangled commercials?

what about this 110-inch television? how much will it set you back? we'll tell you, coming up.♪ muck. ♪ muck [ male announcer ] this store knows how to handle a saturday crowd. ♪ [ male announcer ] the parking lot helps by letting us know who's coming. the carts keep everyone on the right track. the power tools iroduce themselves. all the bits and bulbs keep themselves stocked. and the doors even handle the checkout so we can work on that thing that's stuck in the thing. [ femaleannouncer ] today, cisco is connecting the internet of everything. so everyone goes home happy.

adam: so as more of us fast forward through tv commercials and video

advertising firm myriad has a solution for what's called the skip generation. take a look. ♪ ♪ adam: the company is developing technology that digitally layers this an advertisement -- in an advertisement so that subway ad was actually added in later. myriad's nonexecutive chairman roger fax son joins now, thank you for joining us on "markets now." >> it's a great pleasure to be here. adam: simply, it works -- its potential with your technology, the tie i'm wearing right now which is, excuse me, is an ike barr or as i would say a rupert murdoch, you could digitally change this. >> absolutely could. we could put you in a different suit, change your eyeglasses, and we could place on the table here any kind of object.

adam: so is that happening right now on an individual basis or on a regional basis, and why are the companies interested in that? >> well, let's start with that part of the question. the companies or are interested in it because as our little line goes, the skip generation, people are finding ways to avoid paying attention to advertising. and advertising is the critical ingredient in bringing great content to consumers. so we're at a, we're in a difficult position. so what myriad has done is to find a way to bring brands and great content together. >> uh-huh. >> so by creating a logical and seamless integration of brands into great content. so as we were just illustrating, you could put a bottle of coca-cola on this table, and no one would have any second thought when somebody was

brushing some makeup on me could change it from being a mac to being a -- adam: but this is a whole different type of advertising as opposed to 30-second where's the beef commercial for wendy's to the look, the stars of my favorite show is eating a hamburger, and they don't say, oh, respect we enjoying this hamburger from wendy's, but you know it is because it's digitally got the wrapping. >> exactly. and the point is it seems, it is a logical and seamless environment. adam: we see this already with sports programming when they change the soccer games when they have the -- >> gets changed all the time and moves back and forth. what's different with this technology is that it is deeply embedded in the video stream. and you can do that in realtime. you can insert it into video. at the point of viewership. adam: but if you watch something

over and over again as people tend to do with reruns, you might see, for instance, coca-cola this one day, or the next time it might be pepsi or dr. pepper. >> it could well be, and it's all about whether or not that product has exposed itself enough in that advertising medium. adam: so is it happening when i watch a television program on a regional basis, or is it being tailored to the tastes of what we watch -- >> we haven't quite gotten, broken into that level of granularity yet, but it certainly is regional now and will be increasingly more specific as you go. and regionally in the terms of new york city or oklahoma. adam: and as we watch everything on mobile platforms. but one, it would seem to me and i don't know your business, so i will ask this question -- >> right. adam: it would seem to me the younger generation especially gets very angry when they feel as if they've been manipulated.

could that backfire? >> absolutely. that's why, this effect, both -- in effect, both the brand and the content creator have control over the insertion of the, i call it object. i don't know whether it's going to be a banner or a glass or a tie or whatever it is. so i'll call it an object. they are able to control whether or not that is a use that meets their requirements. so you can imagine a creator of a television show or a movie wanting to be sure it's not going to, not going to disrupt the creative flow of their product. and you look at it the other way from a brand, they want to be sure that their brand is positioned so that it has that sort of reality, that sense of being in the location. and that's what we deliver. adam: it's remarkable when you consider on the west coast it's a blackberry, on the east coast it's a nokia, and in my dreams

it's an apple. [laughter] thank you, roger, for joining us. >> thank you. lori: forget black friday deals, samsung is selling a tv for an astounding $150 grand. the new tv is a 110-inch screen making it the world's largest. it's equipped with four times the resolution of the standard high-def tv. it will also be available in south korea, china and the middle east. the company following up on a promise from last year's consumer electronics show, and it just made the deadline. ces starts next week, and liz claman will be there with live coverage. adam: coming up, illinois' pension mess. retired teachers have just thrown a monkey wrench into a plan to try and fix the system. jeff flock's live in the windy city ahead. lori: and democrats pushing for higher minimum wages in the new year, but the manhattan institute argues it will only decrease opportunities for

unskilled workers. adam: also socks that give you feedback for your exercise routine. the ceo of a company that sells those socks that talk to you electronically, ahead. ♪ ♪

adam: it's time to check stocks once again, we're going to head to the floor of the new york stock exchange. lauren simonetti is there, and the markets now are mixed, lauren. what's going on? >> reporter: mixed but flat markets. the dow's up, oh, about not even fife points, it was down just a point back on friday, first loss in seven days, believe it or not. so trying to change the tide

here. i want to show you cooper tires, up just about 4% today, 23.85 is the level. cooper tires saying it's terminating a more than $2 billion deal with india's apollo tire, that deal was reached over the summer, but now cooper tires is finding out that apollo's financing had dried up. if this deal did go through, it would be with india's second biggest takeover here in the united states, but it looks like that's a no go, and cooper tires is the winner. lori: well, the battle's begun in illinois over pension reform, a group of nonunion retirees filing the first of what could be many more lawsuits to come challenging the state's plan to fix its public pension system. the most underfunded in this country. jeff flock joins us now i from chicago with the very latest. >> reporter: $100 billion with a b underfunded, the worst in the night, as you report, lori. and i'll tell you, the state legislature took two years to try and fix this. today put a fix in place, bipartisan fix, but it's being taken to court. you know, i reported on this a r

a couple of hours ago, i said in the 1:00 show i would give you the folks who are making the most in terms of pension. you know, a lot of people are dogcatchers and pick up the trash, but take a look at who the big winners are. i don't mean to disparage anybody, these are largely doctors at the university of illinois medical center. but dr. gupta makes $439,000 a year in annual pension after retirement, and that's netted him about $3.5 million so far. most of those other folks are doctors. i want to show you another list, and this is something that taxpayers united of america put together. these are largely the second list educators. sort of interesting, though, you look at larry fleming, he stands to -- if, in fact, he lives out to age 85 -- will make $11.8 million in pension. that represents the 2.8% you see there, that's how much he would

have contribute today that. beverly is a former teacher, she'll make $11.5 million and only contribute less than a percent. the two guys at the bottom, gary and henry are both district superintendents who retired at age 56 and age 57, they both then went on in retirement to head districts in other states, one in arizona, the other in california. so they've retired, they're making pensions in excess of $2, $300,000 a year, and they're still working making a pretty good salariful of you know, i don't mean to disparage anyone or begrudge anyone money, but the state is $100 billion in debt on its pensions. somebody's sort of got to take a haircut somewhere, it seems. orr hover yeah. huge discrepancy. those numbers really tell the whole story the. jeff flock, thank you, sir. adam: we want to turn to the senior fellow at the manhattan institute, and we want to talk about the lawsuit that's been filed. those numbers that jeff just threw out, those certainly get

headlines, and we all gasp and, wow. the reality, i just interviewed randi weingarten who's head of the american federation of teachers, and we were talking about illinois, and she said, look, the average teacher's only getting $2323,000 a year in -- $23,000 in pension, is that accurate? >> that's misleading. the reality is somewhere between. you hear public pension people all the time make these claims, and the reason they do is they include everybody who's getting a pension, including people who are getting only partial pensions, spouses who are getting what are known as spousal benefits. for instance, about half of all public schoolteachers in america leave the profession within ten years. they get very, very small pensions, okay? if you really want to see what people are getting, what you have to do is you have to look at what kind of pension is a teacher getting who retired with 30 years' service and is on a full pension? because that money is what costs the system a lot, and it's a lot more than $21,000 a year --

adam: but now as randi weingarten and others would say, so what if it costs $11 million for that one teacher should she live to 85? that was the promise we as citizens or at least the people of illinois made to that human being. in this contract for your work, this is the argument, this is what we're going to do for you. so why should that person or others under that contract now have to give back? i realize the money doesn't exist to pay them, but whose problem is that? >> hold on, there's two issues here. these folks are already retired -- adam: right. >> so it is difficult to take money away from those who have already earned it. the problem in places like illinois right now and what the lawsuit is about is that state laws in many places won't even let you change the rate at which people earn pension benefits for work they haven't done yet. adam: right. >> and that's the crucial issue. of you have hundreds of thousands of people working in government, and we can't change -- for work they haven't done yet. adam: 20 cents of every dollar collected by the state of illinois actually goes just to

pensions, which means it's not going to schools, it's not going to law enforcement, and that's only going to get greater because of the unfunded liability that jeff was talking about. so what's the solution? is it an increase in taxes? because people are already strapped in that regard. is it a cutting of pensions? should the courts eventually allow that? >> well, the real solution is pension reform that allows you to change for current workers for work they haven't done their rate of pension accruals. we're not going to take away money they've already earned, but if you can't change how much a worker who's, let's say, 30 years old is going to accrue pensions for the next 20 years of his life, it's going to result in what people are calling service insolvency. higher taxes and fewer services. the worst of all worlds for taxpayers. adam: the term i keep hearing is crowdout. the two kids who live next door to me are three and a half and two and a half, and i joke with

their parents that those two kids already owe the people of united states $9,000. but let's get back to this issue, the courts are going to have to make a decision. at thened of the day, are the teachers who are, say, 40 years old today going to get what they were promised? illinois has, i think it's a constitutional provision passed in 1970 that you can't change these contracts. it's there, how do you change it? they're not bankrupt. >> well, yeah. adam: states can't go bankrupt. >> right, but what they can do, of course, is get to the point where there's such a tremendous squeeze that everybody, including the teachers, feel it. in other words, one of the things that's happening now around the country is that pay for public employees, salaries are not increasing. the reason they're not increasing, there's no money because the money's going into pensions and health care. and you have the one thing that you can do to save money on pensions, you can fire people. and that is -- san jose's a good example. san jose could not reform be its pensions, they've laid off a

thousand workers. adam: but in illinois this pension reform that the legislature passed puts the onus on the unions to sue the general assembly should they not make good on funding. >> sure. adam: so if the general assembly were to dare to try to fire -- they're never going to sue, are they? >> well, right. around the country governments, states and localities are laying off workers because of the pension crisis. that is clearly -- adam: absolutely. steve, we're going to continue this discussion throughout the new year on fox business. we're going to have you back. check out our extensive coverage at foxbusiness.com/pension 911 and randi weingarten, the head of the american federation of teachers. she's our prime interview right now. you can watch that interview and see why she's reluctant to offer a full solution to in this problem. lori: well, on a much brighter note -- adam: happier note. [laughter] happy new year, everybody. lori: that's certainly going to be an uplifting chat. in the meantime, everybody's

talking about these fitness be devices that measure every step you take, every cycle of rem sleep you get. fit bit, nike's fuel bands, exactly, among the biggest names in wearable tech. but the smart stock is taking things -- smart sock is taking things a step further. straight ahead. adam: and still looking for something to do this new year's eve? applebee's is putting on a big party, and you're invited for a few hundred bucks. ♪ ♪

>> hank greenberg filed a ethics complaint against new york attorney general eric schneiderman. he says the ag ignored a ethics violation when the deputy took undisclosed private jet ride from greenberg's attorney. sales of existing homes rose slightly existing in october. increase in pending home sales in five months. national association of realtors says, higher mortgage rates and higher home prices have slowed sales. faa announced six states will develop test sites for drone aircraft. alaska, nevada, north dakota, texas, new york and virginia will host research sites. the congress has unmanned aircraft sharing skies with passenger planes by the end of

2015. that is the latest from fox business, giving you the power to prosper.

lori: as we do every 15 minutes, give you update on the stock market, ben willis of ap"operation enduring freedom" and company joining from us. new york stock exchange -- albert freed and company. >> happy holidays to you, nobody has anything to do quite frankly. we're open as a business expense, quite truthfully. the major market decisions have been made. we'll wait until the beginning of first week of january for the flows or fawcett to be turned back on. market of stocks and very few stocks. stocks like disney, coca-cola, things that were mentioned in the press over the weekend, getting some trading activity. other than that it is a painful event.

lori: twitter getting headlines, not for the right reason. down 20% since last week. what are your thoughts on the a potential tech bubble brewing? >> i don't believe there is anything close to a bubble in the equity markets. there may be individual stocks that may not fit traditional guidelines as far as trading. those are the areas of, where the, those that have to have a huge risk tolerance want to trade, whether twitter or tesla and stocks like that, the key stocks as we've been calling them lately, they trade on their own accord and not by any traditional valuations. money can be made in them. that has been demonstrated time over time. even though they don't fit within the traditional scope of investing. that is not an area where i have expert tease, frankly. lori: don't have a lot of time. what is the next market driver, ben? >> i think the market driver will be money flows into equity market first week in january. that is from new 401(k) money,

asset allocation models coming out of fixed income. a lot of that happens very first week of the year. lori: good stuff. ben, see you soon, sir. >> thank you. adam: if you're still looking for a place to hang out new year's eve how about hanging out at approximately bee's with 375 per person fee. that is right, 375 bucks to dine in applebee's in new york city. you might get dinner with ricky bob by this isn't standard meal. this is extensive buffet, premium open bar,dj dance floor and party favors. for people eager to see the ball drop, they will let patrons, quote, make their way to the streets off times square. good luck getting times square. there are deals like this for 14 grand. two nights at a hotel, a massage and dinner. i don't think applebee's is offering massage or hotel. lorr: sounds good to me. anytime the mess is not in my home it is invaluable. adam: you're making

reservations. lori: for both of us. applebee's's, baby. where are the tech biggest trends? one company is looking to move the gadgets to your feet. adam: we have a company making the smart sock, coming up. [ male announcer ] once, there was a man who found a magic seashell. it told him what was happening on the tradg floor in real time. ♪ the shellrought him great fame. ♪ but then, one day, he noticed that everybody could have a magic seashell. [ indistinct talking ] [ male announcer ] right there in their trading platform. ♪ [ indistinct talking continues ] [ male announcer ] so the magic shell went back to being a...shell. get live squawks right in your trading platform with think or swim from td ameritrade.

lori: got smart watches. smart glasses. wearable tech is creating quite the buzz these days. our nix guest is a pioneer in wearable tech as break through into the world of sports and fitness. he is the ceo and cofounder of heat salon and he is here to tell us about his company's new smart sock. which can help you get you in shape with your step. sir, welcome to you. first and foremost, why focus on the foot or ankle more exactly,

correct? >> yeah, that's correct. hi, lori. thank you for having me. wealth sock is important because it is positioned on the foot and, lori, the foot is such an amazing machine. 25% of the bones in our body are in our feet, lots of ligaments and muscles. da vinci said the human foot is a master of engineering and work of art because there is so many moving parts. amazing it doesn't break more than it does and important to monitor our feet. lori: this wears around the your ankle. so much wearable technology around the market, especially fitness. fit bit, jawbone. nike has a version, what sets your smart sock apart from those? >> what sets us apart we combine the traditional accelerometer based device, anklet device which is comfortable and adjusted to any ankle size to

our own proprietary textile sensors. those are 100% textile washable sensors embedded in the sock itself. lori: you mentioned issue of comfort? is it specially among marathon run officers it looks a little cumbersome, i have to be honest with you. >> the new version is 30 grams. less than two ounces. virtually impossib marathon runtory detect actually. the sock itself is as comfortable as any technical sock. lori: we're watching somebody, an athlete runner attach it to his ankle. there is app that goes to smartphone or some other device that will give you details, the metrics, the distance, help you adjust your food placement, if you will? help me out? how does it work? >> the way it works, lori, if you're wearing a, one of our t-shirts which provides heart rate monitoring capabilities together with our socks and listening to music while going

for a run for example, we interrupt the music and real time we tell you when you fall hyped on your cadence as an example. when i go back to my heel striking tendencies as an example. we go well i don't understand how far or how fast or hard we exercise but we get into the how well we exercise which is% important for most people. lori: how much does this whole setup cost? >> the t-shirt and the sports bra is now on sale for $59. that is preorder price. the suggested retail for both will be $89 in january, as soon as availability kicks in. for the smart socks, availability is actually scheduled for end of march and, pair the smart socks with anklet and mobile app will cost $199. you can preorder at 14. lori: you said for men it is shirt and for woman a sports bra, a variable sports bra?

you didn't send us any pictures of that? >> go to www.sensoriafitness.com. you can see it. lori: washable. throw it in the machine with other laundry. >> 1% washable. lori: thank you very much. sharing his latest sports sock and sports bra i guess. adam: imagine what it would say. nsa snooping new revelations the spice agency intercepts shipping deliveries to plant bugs. whether lawmakers will finally rein in the agency. lori: will democrats call for raising the minimum wage hurt corporate america? tweet us. your responses. our expert just ahead on next hour of fox business. don't miss it.

and she might have if notor kari, the entity thief who stole jill's social security number to open credit cards, destying jill's credit and her dream of retirement.

every year, millions of americans just like you learn that a little personal information in the wrong hands could wreak havoc on your life. this is identity theft. lifelock offers thmost comprehensive identityheft protection available. if jill ha lifelock's protection, she may have bn notified before it watoo late. lifelock's credit notificion service is on the job 24/7. as soon as they detect a threat to your identity within their network, they will alert you,rotecting you before t damage is done. and lifelock offers the proactive protection of checking and savings account takeover alerts. lifelock's comprehensive identity theft proion guards your social security nuer, your money, your cret, even the equity in your home. it doesn't mattew old you are or how much money you have. identity thieves steal from everyone. you have to protect yourself. i protect myself with lifelock.

[ male announcer ] while identity theft can't be completely opped, no one protects you better than lifelock. and lifelock stands behind their protection with the power of their $1 million service guarantee. you have so much to protect and nothing to lose when you call lifelock right now and try 60 days of identity theft protection risk free. 60 days risk free. use promo code onguard. order now and get this document shredder to keep sensite documents out of the wrong hands. a $29 value free ♪ ♪ >> i'm lori rothman. adam: i'm adam shapiro. hashtag, twitter stock trouble. shares losing $8.5 billion in

market cap the last few days. has the twitter bird flown the coop? nsa snooping. they intercept spyware shipments. lori: will democrats call for raising the minimum wage hurt corporate america. tweet us your responses and our expert will join us with his take just ahead. adaa: if you're in the market for a new car, you need too stay with us to find out why quick action may get you the best deal that and much more ahead on this driving hour of "markets now. markets looking for gains on the second to last trading day of the year, after a strong day that has the dow on track for the strongest percentage gain since 1996. lori is sharing? are they candied almonds? lori: yes. you weren't supposed to out me. adam: i will out you with the almond. lauren at the stock exchange. sandra smith at cme.

it is top of the hour. lauren, no almond for you, ma'am. >> gee, what kind of new year's is this? got markets are flat. the dow is up two points. the trading range today is just 23 points for the dow industrials. nasdaq is down 4 points. s&p is down not even two points this is flat markets, light volume. things should pick up tomorrow. not light volume would be twitter's stock. this stock has been very trading very volatilely over the past couple days. it is down once again today after a 30 teach% drop on friday. huge volume on friday. huge volume on thursday and pretty big volume today. we expect twitter to report the fourth quarter earnings sometime in january. we did contact the company that should be another catalyst for investors or potential investors in twitter. >> thanks for that, lauren. back to sandra smith where gold is feeling pressure. why?

the 10-year flirting with the key psychological level. >> hey, lori. that is a big level to watch on gold and oil b it comes to gold prices down 10 bucks on the session, down to $1200 an ounce. crude oil just below the $100 level. this is the first yee in gold where it hasn't been a wonderful year to own gold. gold on pace to finish the year down 29%. this is the first annual drop in the yellow metal. as far as prices are concerned dating back about 12 years, but on as a percentage basis worst performance for gold dating back to 1981. so a historic move here. a lot of selloff we've seen this year is persistently low interest rates, the improving global economy. guess what? a rising stock market. investors would rather in this time own stocks than own gold. so they dumped out precious metals. that being said, 2014 not looking better for precious

metals. ubs sticking by the $1200 forecast for 2014. they said it will dip to 950 in early 2014 before it comes back to that level. hsbc saying fed tapering at beginning of the year will lead to further selling in gold. as we saw crude oil prices wrapping up 2013 just below $100 a barrel, still some bearish fundamentals in that market, guys. we saw the oil market reach, oil inventoryies reach the highest level for this time of year, ever. we got unexpected drawdown in crude supplies. the markets are reacting to that. that's why we're getting a selloff. a couple key crucial levels for commodities as we close up the year making 2014 a very interesting one as there are lots of bears out there when it comes to these commodity prices. back to you. lori: sandra, thank you. adam: there are new reports based on internal nsa documents which show the agency intercepted laptops and other computer accessories on line and

did that to install software. our next guest says cybersecurity will be important topic for everybody in 2014. he is former advisor to the state department's anti-terrorism assistance program and joins us on markets. let me ask you about the report in "der spiegel", the german news magazine says the nsa was intercepting possibly laptops ordered online and putting spyware on them. don't we have to take this with a grain of salt? not that "der spiegel" is reputable but they once published the hitler diaries which was a total fraud? have they given references to which this story is accurate. >> look, it is totally believable. in fact it is quite brilliant, if you think about it. trying to come into a network from the outside, there is lot of danger to use spice to get information in and install keystroke loggers with john gotti, fbi did that. do that to the point of

creation, ship it out. they have a level of trust they receive it all good, they secure it from there. they don't think about the supply chain, when do i secure it. i don't know about the credibility of "der spiegel", what they do in the intelligence community this is brilliant piece of work on their part. adam: why would it be confined to the intelligence community? i have been to a facility that prepares tablets and smartphones and phone devices you say you're buying it hypothetically from sprint but getting it through this organization. couldn't someone mall intent place an employee to put malwear on devices being prepared to ship to consume officers smew i would worry less about consumers. i would be targeting corporations, enterprise, intellectual property theft that would be next natural progress for that. i would start targeting online place that is have tremendous amount of data for example like target. you have to realize once you create that capability, now that

somebody looks at it there, is a lot more precautions will have to go back into the supply chain to make sure this in fact does not happen. like finding out with nsa, google, microsoft and intercepting a lot of data over the private networks, this will cause a lot of changes how we secure the supply chain. adam: talk about something that those of us who are not cyber experts, our credit cards and target situation with 40 million customers. >> right. adam: why does the united states seem to be 20 years behind the rest of the world with the credit cards? magnetic strip went out with the stupid bakeer? >> it is old hat. it is cost. nobody wants to buy the bullet to say it will cost you four types as much to the got credit cards now that have encrypted chip. mag stripes in europe and overseas it is passe. it is a mind-set. 1% of the cards issued in the united states have the chip where 80 countries are using emv technology. so i mean it's a policy issues. but to your point it's a

financial issue but target will show them the cost of not doing it exceeds the cost of doing it now. adam: with class action lawsuits against targets i imagine banks will be fearful of that now the cost becomes you better do this or face the legal problems. going forward, what is the biggest threat not say corporations but to me the consumer? is it my smartphone? is it my mobile device? will hackers target those in 2014. >> absolutely. we're a mobile society. it is expected in 2014 in the u.s. there will be 207 smartphone devices activated. that is more than one per person who is of age to probably have a phone. you're right, proliferation of this. proliferation of tablets. that will become a very attractive target because we put our life, information, credit card information, banking information. there will be new ways to come up with accessing that information in the future. adam: morgan wright. thank you very much you. >> bet, adam. lori: and it is apple versus icahn. the battle between the tech giant and activist investor who

wants to unlock value for shareholders. liz macdonald investigates ahead. adam: in tech minute, google sells more laptops than happen apple this year. surprising numbers are coming up. >> will democrat's calls raising minimum wage hurt corporate america. you tweeted us. your responses. our expert will weigh in just ahead. ñ@ç@çpçpçpç÷ñoxmhmhyhy

lori: apple, the tech giant, just ratcheted up its fight with carl icahn but elizabeth macdonald is here to explain why icahn's demand on apple, a empty sack of, well, an empty sack. >> of nothing. because it is non-binding. this thing that is happening with carl icahn and apple, carl icahn is saying apple, 100 billion in stock buybacks and dividend you're paying out to shareholders, i want it to be 150. it is now on the proxy, meaning it will come up with investor meeting at apple, but guess what, it is non-binding. in other words, if shareholders say yes we want carl icahn's in place the board doesn't have to take it. they could kick it to the curb. the other thing, what is apple doing with its cash pile, right? you mentioned in the tease, unlock shareholder value.

is a buyback the way to go? short-term boost no matter what carl icahn says. here is what apple could do with $149 billion stockpile. improve cirri. growth in china. apple wristwatches. improve cloud computing. the list is endless what apple could do to deliver shareholder value. adam: is the apple response to icahn if we unlock the shareholder value that we jeopardize the future growth of company? that you need to fight, the google that does no evil is .heir evil nemesis? precisely what apple is saying. we're looking long term. carl icahn is being look short-term. we know historically buybacks are short-term gooses higher to stock prices but long term they are planning long term. they need that cash pile. you guys have been reporting this too. when there's a run on i phones, new iteration of iphone comes out and people get mad waiting

online for iphone, they don't get it, apple knows that, ramp up production capacity, build new factories this could be a political issue too, companies time and again have been criticizing for using cash pile for stock buybacks and washington says, create jobs. the fight could be to him, carl icahn, apple will create jobs with cash pile but not doing buybacks in the way that he wants, right? lori: another kind of angle is this, tim cook was on capitol hill earlier this year defending why apple keeps so much cash stash overseas. is there threat of having the money forced to be repatriated, sorry? >> that is the word. you're exactly right. lori: then they're facing a much higher tax burden? >> that is the issue, lori and adam, good to be with you, by the way, both of you. the apple fight in washington was about apple's low tack bill. a lot of moves overseas that the company uses to keep the tax

billow. if they had to do what carl icahn asks they would have to bring more cash back. $149 billion. only 136 billion is sitting here in the united states. bring the money back, 15 billion to pay axes in the united states and do bigger buyouts. adam: i wish i had these kind of financials problems. what am i going to do, right? >> right. adam: thank you, emac. >> sure. adam: it is quarter past. we want to check markets again. lauren simonetti on floor of the new york stock exchange. you're not watching apple. you're watching sony. >> sony looks like it s holding on to the lithium-ion battery business for now. they were looking to sell it. according to reports because of a weak yen and turn around they're seeing in the smartphone market and demand for lithium-ion battery looks like they will hold on to it. the stock is up almost 2% today. and strong year for sony as well. shares trade here in the u.s., up 55%, adam and lori,

year-to-date. back to you. adam: lauren, thanks. lori: sure. need a car? coming up jeff flock is in chicago. and we'll tell you why big action could save you big bucks. adam: we have a former hhs official who says it is still not good enough. lori: here show the dollar is moving right now.

lori: let's talk politics. the white house announced more than one million people have enrolled in health care plans on the affordable care act website as of december 24th, the day before christmas, of course. even with the huge enrollment surge is the administration's goal of 7 million enrollees by april realistic? former health and human services deputy joins me now. great to have you on the show. not only do you need 7 million americans enrolled by the end of march, you need almost 3 million, 2.7 million, young, healthy americans to make this thing fly. are you optimistic we'll get there by that deadline? >> no, i'm not optimistic at all. we should be more pest domestic -@from the outset when there was

more promise about the plan and rollout. the fact of matter as we awe know the website has been a disaster. there are a lot of glitches. at love young people are discouraged by the whole thing. they're not interested in enrolling. i'm not sure they will get to their 2.7 million. lori: the president said there was a big surge in most recent months. there is that. looks like there are some dates in the coming year, that could, make-or-break the program. run through some of these. march 31st, this is the deadline insurers can decide to stick with obamacare depending whether they get enough people to enroll in obamacare. so, what is the likelihood the insurers, probably in your view, i hate to speak for you, looks like you will probably see insurers drop off, if that is the case, let's go this direction shen. would you expect premiums and therefore deductibles to rise? >> if insurers don't stick with the program, they're not getting right mix of people and getting

young, healthys, and getting more older, sicker people, the insurers make that decision you have less competition and larger premiums and higher deductibles. i fear that is the wave of the future. lori: what would you expect the administration to do so we don't get the so-called death spiral. >>? >> the administration is trying to do the best it can with all the news it can. not sure people signing up will have the health care paid for because there are problems with the back end of the website. so the administration is promising to plus-up or meet the insurers with dollars that they might not be getting otherwise from the direct payments from the individuals. so, i think the administration will do everything it can to put a sunny as face on it, even selectively releasing information that makes the program look as good as possible. lori: what should we as consumers be expecting? next year is the midterm election. a lot is riding on this should

we expect more delays, more extensions? what should we be watching for? part of the problem is the overall complication of this whole program. >> yeah. that's a really good point with the delay thing, lori. the administration has shown a lot of willingness to delay or get rid of parts of the law when those may be particularly painful. i wonder if you get rid enough piece of law you have obamacare without the obamacare? you take away pain points, at some point do we have a large subsidy program that doesn't do anything to change the face of health care? i fear that is where we may be going. lori: one of the key delays that expires october of next year, plans that, had to drop people because they were not obamacare compliant, have been able to exxend until october. but then again, come october, their job begins. will we face the same problem that caused the president to get so much heat months ago? is it delaying the inevitable? >> what we've seen with this administration a large

willingness to blink when faced with the difficult situations. when these deadlines come up, people say, you will not meet your goals or people aren't going to want to sign up or people don't want to deal with bureaucratic heart acres, the administration says we'll delate it or push it off. that has been a trend and i fear it may continue as well. >> november 15th is the open enrollment deadline for 2015. so many people are critical of this one, especially because, for republicans 11 days after the midterm election. if premiums ultimately spike we'll find out about it too little too late. so they push the date up before it happens to election to appease people raising eyebrows? you're laughing -- >> i say there is no chance of pushing that date up. i think there might be a lot of bad news at that particular deadline because there's, there's a good chance that we see the numbers much worse than anticipated. there is no chance of that

moving up. the whole strategy is to push everything off until the next election. there is always a next election. at some point american people will have their say and they will say we don't like the plan. lori: do you think fury and obamacare will impact the makeup of congress after the midterm? >> there is no doubt that the glitched filled and messed up rollout has affected the democrats numbers. in fact we've seen in the latest tracking polls in "real clear politics" they suggest that republicans are doing better in generic ballot, almost unheard of. republicans may do well in particular election but almost never leading in the generic ballot. that is clearly because of obamacare and the problem mattic rollout. so yeah, i think it will have an impact on the election. lori: tevi troy, see you soon. >> thanks. adam: if you have your party plans set for tomorrow and looking for a good deal on a new car, head for a dealership? dealerships. according to experts new year's

eve is the best day to buy a car. jeff flock tells us why you should be looking tomorrow. >> not every year but this year it really winds up being a great day. but this will continue tomorrow, the day after and the day after that as well because the 2013 sales are going to go up until the 2nd of januaryy so, you've got a couple of three days in here that you can really do pretty well out on the lots. take a look what i think are some of your best deals. i want to break them down a little bit. the reason for all this by the way, year-end sales quotas, best deals are on the 2013 models. look at top ones. dealers dealing on the dodge dart, chevy malibu, the ford f-150 and honda, any honda. tell you why. look at doj dart first of all. 0% for 60 months on the dodge dart. that starts at 15,995. that is a real good deal for the

dart, especially the 2013 models. chevy malibus you can get $3,000 cash back on the chevy malibu. that is a great one, particularly on the 2013 model. that is good one too. ford f-150 get eight grand back. honda, best deal at all. honda civic. honda is offering dealers now, $3,000 for every vehicle more, this december, they sell than last december. that is dealer by dealer. if you go to a dealership that has made their quota, even if they made their quota, a lot of people are trying to make a quota, honda guys, if they get past their quota or past what they got last year, they will give dealer extra three grand. you may see some of that coming back to you. knows he will get three grand on top of that. kicks you 1500 or maybe 2500 grand on your purchase. so, a lot of good deals out there. always good to go at the last minute. end of the day when they're about to leave.

those guys are looking, shoot, i will take it go ahead. fine. adam: jeff, my grandfather was car dealer. well-done. i was a feeling you say i have to speak to my manager, i will get back to you. i would buy from you. >> there are no managers left. the car that you and i like to buy, we like to buy the hold cars. nobody gives deal on old cars. adam: people spend a can zillion dollars when they're new and throw them away when they're not @ew. you're driving that mercedes. i know what you got. convertsable. >> in my garage right now. too cold for the mercedes. don't want any russ on there, never too cold for a mercedes. thank you, jeff flock. lori: talking about cars. adam: they're wrapping us. we can't continue the conversation. you like cars. lori: in a practical way, exactly. coming up next jam-packed half hour of "markets now. will call for minimum wage hurt

corporate america. your tweets coming up next. adam: battle ground between apple and google is moving to your car, lori. lori: welcome in the cold withwer a new year. we're live in the weather center to tell you why temps will be dropping along were with that ball in times square.

just by talking to a helmet. it grabbed the patient's record before we even picked himp. it found out the doctor we needed was at st. anne's. wiggle your toes. [ driver ] and it got his okay on treatment from miles away. it even pulled strings with the stoplights. my ambulance talks with smoke alarms and pilots and adiums. but, of course, 's a good listener too. [ female announcer ] today cisco is connecting the internet of everything. so everything works like never before. and she might have if notor kari, the identity thief who stole jill's social security number to open credit cards, destying jill's credit and her dream of retirement. every year, millions of americans just like you learn that a little personal information in the wrong hands could wreak havoc on your life. this is identity theft. lifelock offers the most comprehensive

identityheft protection available. if jill ha lifelock's protection, she may have bn notified before it watoo late. lifelock's credit notification service is on the job 24/7. as soon ashey detect a threat to your identity within their network, they will alert you,rotecting you before t damage is done. and lifelock offers the proactive protection checking and savings account takeover alerts. lifelock's comprehensive identity theft proion guards your social security nuer, your money, your cret, even the equity in your home. it doesn't mattew old u are or how much money you have. identity thieves steal from everyone. you have to protect yourself. i protect myself with lifelock. [ male announcer ] while identity theft can't be completely opped, no one protes you better than lifelock. and lifelock stands behind their protection with the power of tservice guarantee. you have so much to protect and nothing to lose when you call lifelock right now and try days of identity .

60 days risk free. use promo code onguard. order now and get this document shredder to keep sensitive documents out of the wrong hands. a $29 value free. ♪ ♪ ♪ tracy: we are an hour and a half until the closing bell. the penultimate trading day. the dow 30. of flag day, the trading range, only about 24 points. we have not seen it that narrow in quite a few years. adam: i tour 24th.

tracy: per janeiro. you can see the leading decliners, exxon mobile, boeing, but up the upside, cisco systems. joining us, lauren simonetti. >> reporter: number one on the dallin the s&p 500. as you can see, it is up 2%. it hit an historic high, $76.54. not quite there yet cut but still substantially higher. frozen, the animated film, the best box office showing for disney says the lion king back in 1994. also guggenheim upgrading the stock, a positive view on the disney, broadbased, revenue, the parks, you name it. disney is a winner. tracy: thank you, laurin. it is time for york tech minute.

commercial sells dip. taking over 9 percent of the market in the second half of 2013 with just under 2%. the lower price tag of the kumble is a big drop from businesses to have businesses. it the start as low as $199. apple was up 9%, google up over 59%. today is actually a new 52 week high. continuing the battle we move to the other mobile battlefield. the consumer electronics show is expected to announce a new information space-based and andros software. responding to the apple initiative. apple has the support of bmw, mercedes bin, gm, and honda. a live next week. it up and across the pond, a new

law goes into affect real quiring car services to wait 60 minutes before letting them into the business. they get a license and deal with hefty regulations. well the legislation was first mentioned in october it quickly and quietly passed yesterday in is unclear if jurors will make passengers rate of the side of the road, but it looks like an undocumented start to the new year. adam: of oil closing down in the 9929 apparel. despite today's launch crude is poised to go up more than 9%. the wake of bell could rival democrats are pushing for higher minimum wage, making an issue of the federalist level which brings us to our request of the day to lead us and we will show

a answers the real-life situation. at the end of the day when you raise the minimum wage who pays for that? >> customers pay, consumers paid it is a very, very complex issue. he really live and $25 an hour? add up think so. there is a strong argument on both sides. would say that the big loser from an investment standpoint would be the food chains, hotels, companies like that. adam: i have heard the president talked about raising the minimum wage parity is this is to placate political parties.

>> what a surprise to make is an election year that is about to begin a couple of days. both parties see risk and benefit in this nominal wage fight. the democrats a look at that and perhaps i blow a benefits is something that could help them. the republicans are sorry that it could detracted thyssen from their big story which is, of course, bashing obamacare. adam: the people who receive the minimum wage since devote? >> not as much. that is an important factor. there are going to be in many states referendums. it is worth noting, the real action is on the state level. thirteen states up to raise the minimum wage and another dozen or so that will debate it in the upcoming year. the state level is interested in alma of referendums designed to draw people into a vote that will then have them look for democrats is supports raising the minimum wage. adam: the prediction is it will add 31 states with the state mandated minimum wage that exceeds the federal

middleweights. the the the the the argument that people make to raise the minimum wage is that it helps the economy. is that a factor is that it will? >> you could look at 100 studies and fined 50 it would give you an opposite opinion. i think there are so many bigger things, namely obamacare which is a much bigger negative in terms of hidden taxes and sticker shock. then the big macro economy. this economy exceeds its decisions, and is looking like that may happen in nearly 14 that is an even bigger story. adam: a conservative think tank the says should the minimum wage ago as i as a we have seen protesters called for that there would be a loss of four and a dozen jobs in the faster the industry. is that accurate? would we lose those in any way?

>> i think there would be jobs lost. u.s. from 75 to 15, absolutely, jobs would be lost. the job loss would be minimal. $15, that would cause job losses. adam: not even the president is calling the move among whites to appear $15. tracy: twitter gets its wings clipped for the second trading session. and new krauss of ipos coming in the new year. adam: as we do it this time take a look kayten than 30-year treasury. the 10-year yield was above 10%. there you will see it. video. back for more.

♪ adam: the faa announced that six states will develop test sites. north dakota, texas, and virginia. congress sees the unmanned aircraft sharing spies a passenger planes by the individual teefifteen. fox business correspondent charlie gasparino reports former aig chairman h. greenberg has

filed a new ethics complaint against new york attorney general saying that he ignored an ethics violation when his deputy took an undisclosed private jet plane ride from reimburse attorney. down to its lowest level since it does not run. we are using organic, but with more efficient. the energy to regret its newer, better insulated homes and more energy-efficient appliances for lower power use the -- usage. giving you the power to prosper.

tracy: twitter shares. >> reporter. coming them. we don't want to say crashing down. attorney at pepper hamilton says

it will impact other ipo candid it's in the industries. first your take on to where and what is going on. is it just a consolidation? it was a highflier for a couple of weeks. a couple of downgrades, justin valuations? >> that is right. after every ipo, especially the larger tech ipos you have a series of research reports that come out. the industry in general reflects on how the stock is been trading. at every this is a fundamental call. but i think it is really a over 100% from the ipo offering price. from the company perspective it is trading much better than many other offerings. tracy: so what are other tech companies considering going public thinking looking into this the? >> you have to take a step back and a realistic assessment of what really valuations will be like. there's a battle being waged right now in the ipo road shows where a company will come out

with a price range and the buy side will revert back and ask for geber valuation as a way of selling the deal. the question will always be who has the leverage of the war. companies that have realistic expectations about valuation still have a very favorable had one -- very favorable tail wind, and the market is still very positive for these types of transactions. tracy: other companies that we should keep an eye on that may debut in the next year? >> there are a number that certainly are already announced that they will go out. you're going to see a lot in the cloud competing space in particular, not to mention any specific names, but i certainly expect cloud computing where most is trustee very active in the ipo market. also internet and e commerce will be active. tech ill generally dominate the 2014 ipo wednesday. tracy: result facebook with such

a tough road before it got its traction, what is getting back to twitter as the next milestone? is there a make or break? is it earnings? and technical level. the other ipo candid, looking to judge whether or not it is the right climate for them. >> the most important thing for an ipo wants to brakes this transaction and prices in seven trades in the aftermarket, which is generally a function of comparable market data as well as meetings are beating its expectations for earnings. so the most important and critical factor for an ipo company, once it goes public is being able to meet market expectations respect earrings, solid really only focus on the earnings through to shrek twitter and the positive momentum growth going forward. tracy: let's move out and talk more broadly. what is the industry climate like for other types of companies? so focused on tech right now.

>> i think there are a couple of positive. biotech and healthcare have been very hot. red hot in september and october. aluminum of a pulled back around thanksgiving, you will see them resume momentum. at the retail consumer retail is also very hot area. there are people and companies out there trying to replicate to michael coor's story and try to catch lightning in a bottle. you will see other companies come out. then there will probably be another, larger transaction and we're not even aware of yet, something like hilton, an old man that everyone is familiar with. many people did i realize that there not public. you will see something like that emerged, especially if the positive head wind prevails in you have private equities starting to look at monmouth -- modernization of their portfolio companies. tracy: is an interesting universe.

it is a general statement of our companies feeling more confident to go to ipo as opposed to do some kind of deal, be acquired by a private equity firm or any other kind of merger? >> to real factors, companies that actually want to go public and the public companies and have a modern it -- monitor is it -- magnetization event. there are others that i looking at possible in eight transactions, using in ipo as a leverage event, will recall a dual track in the industry, in the third is using as a substitute for late stage of venture investing. valuations are so i a lot of companies that would otherwise be doing become messy, and the round are actually opting for the ipo in order to hit the market. tracy: thank you. >> thank you for having me. adam: and we will check on the floor of the new york stock exchange with lauren simonetti

to see what is happening with the dow and nasdaq. all three major averages are in the green. nacional de. nineteen points, 16,501 is the height of the session. we are not there exactly, but certainly off a bit. volume low. it should rise a little bit. the final trading day of the year. there will certainly be doing that tomorrow. we're going to show you some home builders right now. turning into a mixed performance this is a contract the first increase in six months back to you. adam: de que era. tracy: as the ball drops, serve

as the temperature. the forecast. adam: with the new year, new rules to everything from flooding a cigarette butt. what you need to know. don't smoke in the tanning bed. ♪ vice

♪ adam: forget ringing in the new year with champagne. a good deal of the country is doing it with hot chocolate, at least under the age of 18. with much of the upper went to tap upper northwest under when shall advisers, what can the rest of the country expect? we had to martinez with accu-weather. >> thank you. it is going to be a very frigid tuesday across a big chunk of

our nation. first of all, in the midwest we have a weak disturbance that is shooting across portions of minnesota as a well as along i- 80. not expecting heavy snow, but it is ushering in an arctic air mass. not to mention, there is also this fund stretched from the mid-atlantic of lloyd back to the seven parishes of louisiana which is also ushering in a very cold air mass, even them, toward the southeast. this service will cut across the great lakes producing and little bit of news and snow for most areas. some spots of the way up his see heavier snow swells. behind it we will see some light affects snow showers. over, around new york city, is just going to be as cold, temperatures of zero. from the upper midwest to the northeast. you probably already noted a major drop in temperatures. cold across the north central, even parts of the interior

northwest. i do want to mention, there is also a strong we're keeping an eye on. a piece of energy just off the coast of british columbia produces a couple of spotty showers. is a joint to cut across parts of the planes of this tuesday. so far new year's eve and by wednesday will be a moving into the midwest this week. wednesday through friday we are living at the possibility of a major snowstorm. we're talking just crippling traffic of heavy snow. one of the areas that is being hit the hardest it's probably going to be around southern new england and northern new england , quite a bit of snow. just received provinces in northern maine. however, the heaviest and banks will be in southern new england. adam: very quickly and more important, chocolate or champagne? >> if you are 21 and older, champagne. drafted the champagne. adam: we will send some bubbly your way think you very much.

tracy: and spiking it. get to get the kids to sleep somehow. 40,000, that is how many new laws go into effect january 1st, everything from serious minimum wage increases and marijuana purchases to the perplexing 60 year of alaska. registered to vote, with his son to wait until they're 18 to cast the ballot. in illinois u.s. the over the age -- aged 18 to use it tanning salon in that land of lincoln he flicked a cigarette into the side waukegan refined. delaware it's prohibited. the premise linda surefooted to of limits your fund. adam: i don't smoke to begin with. won't be making shark's fin soup . tracy: caring a permit has been a great year for u.s. automakers and a terrific year for american

car exports. user of americans overseas and what it means for investors. twitter, flying quite so high after a downgrade. is now the tide to you then and it? or does the bluebird have further to fall? all that straight ahead. ♪ ñ@ç@çpçpçpçoxmhmhyhyhyhyhyi

♪ muck ♪ ♪ ♪ cheryl: hello, everyone, i'm cheryl casone in for liz claman, and it is the last hour of trading. nice moves today from some big name stocks. you've got disney, cisco, coca-cola and nike helping to boost the dow jones industrial average even higher for the year. twitter's fall after friday's downgrade has continued, the social media stock was down as much as 7% today. we're going to talk about that one. take a look at the stock right now. even from last week into this

week, as you can see, the shares down more than 1%. we're going to have a lot more on twitter, whether now might be the right time to buy the stock or if maybe it's time to sell it if you own it. i'm going to be joined by an all-star tech panel coming up on the show today. and ford is among the u.s. automakers gaining from a surge in demand for american cars abroad. announcing sales of 15% i through november of this year, that is enough to make it north america's top-selling brand. take a look at ford. right now as you can see on your screen, the stock is up by three cents, but it's been a really strong year, as you can see on your screen, for ford. so what is driving stocks today after they hit record highs last week? for the 51st time, by the way. are we due for some type of pullback? let's talk about it. let's get to the floor show, traders at the new york stock exchange, the cme group and the nymex. first to ben willis at the new york stock exchange. i always hate to bring in this