yesterday. it was down 4%. we are done. connell mcshane, it is yours. connell: target is the poster child for hacking of personal information. now the company has to answer to lawmakers for that. on capitol hill those lawmakers can't seem to work anything out on the extension of unemployment benefits so we will bring in wayne rogers. tomorrow's business today, developing a way to control your computers and hand-helds with only your breen. when kickstart project could make that reality. prepping for the super bowl. getting close to. security measures in place to protect players and the fans. we have that and more. dagen mcdowell joins me from markets now. dagen: i am so leaving town that weekend of the super bowl. i am so leaving town. stuart: i will mark on my

calendar you are leaving town. told weekend? dagen: no just that weekend. going to be a nightmare. connell: i don't live anywhere near it. dagen: really aggressively happy fans on the street. where a girl can dream. there it is, 100 point gain on the dow, on the heels of yesterday, nicole petallides is at the stock exchange with more. nicole: the market is looking pretty nice today. if you are a bullish view like that 100 point gain you are like it today, 2 days in a row after monday where the dow sold off 180 points. that is the environment we have been in. year to date, the s&p 500, right now at 1847 so right around 1848 it did move into positive territory for the year so far but dipped back a little bit.

on the dow jones industrial average, microsoft, verizon, some of the names leading the way and aerospatiale up 3% on the talks that may go private. ww are watching at as well. dagen: the heat getting turned upon target on capitol hill, two democratic senators, john rockefeller and clear mccann still demanding answers from target's see on the mass of data set that hit more than one hundred million customer accounts. we all just want to know how did this happen and why won't it happen again? vice president at trend micro, this is what he does for a living, these were two separate fact. the original 40 million customer accounts or dead account for credit card accounts, on the point of sales software used at the register. it was a different system, 70 million customer accounts, how

did this happen? how long was the planning in all of this? >> absolutely, this was a massive targeted attack months in the making more than likely. as we saw the breach unfold on december 19th we indicated this would expand in scope beyond the 40 million credit cards. we see that branch out more customer centric data to the records which you referenced. chances are they were intimately involved in not only with the deck of sale in the payment processing ecosystem but were actively targeting and focusing directly on the customer database and customer relationship management tool that targeted users to manage their red card bus quite possibly analytics around to is doing transactions and what major those transactions are for each of us as consumers. very sophisticated on both fronts and elaborate in its

nature and many months in the making to pull this kind of heist off. y for lack of a better phrase, through which board did these walk through so to speak? how did they get in? >> it could have occurred in a multitude of ways. they infected the point of sales system on a very large scale which included grabbing track data from our credit card and debit cards and being able to parse that information off and ship it out of target's network in some capacity without them knowing. the second piece around a customer database information which included e-mail addresses, phone-number switch is extremely concerning and obviously the address, this most likely was due to some form of malware being put on the syytem that compromised the database and this could include escalated privileges which would have allowed them to get a lot of information from that particular platform which could include more than the information that

is being disclosed at this point if they had administrative privileges on the database. the net would this be a system within target's stonewalls or one operated by a service provider? >> it could have consisted at this point in time i don't believe the payment processors that target uses is claiming any negligence at this point so that peace is out of scope but one thing that is interesting with this particular breach would be the notion and possible consideration of an insider threat. if you think of the scope and magnitude of this is very possible that either through malicious terms or intent that they quite possibly could have orchestrated this with an external prime unit, in such a stealth the fashion for that matter. dagen: before we go do you think these fees are originated in

eastern europe. is that your best guess? that is what i am asking for a guess at this point. >> from our research they are most professional when it comes to these heights. they have capabilities, ecosystems, bulletproof hosting and networks to pull this off but at the end of the day this is affecting one in three americans when all is said and done. i hope target is collaborating with other retailers seeing similar activity on their networks in conjunction with the secret service to make sure we can figure this out in expedited fashion and make sure this doesn't happen with any retailers. dagen: we are all stuck in that. thank you for being here and answering questions a lot of articles don't answer. a lot people aren't answering. thank you so much. >> thanks. connell: president obama going in alone in the new year, told reporters he is ready to take

executive actions bypassing congress pushing a number of economic policies. dagen: rich edson live in washington with more. not just spending but a lot of it. >> the president is highlighting his administration can do on its own to create jobs and with that president obama headed to north carolina at manufacturing innovation institute. announced this as part of his state of the union address last year, government private partnership, the administration's way to create manufacturing jobs. this is part of what the president is calling the year of action. cheese stands ready to influence members of congress to pass his agenda or he says he is ready to go it without congress. >> he wants actions this year and he has two unique powers as president, the power of the pan and the power of the telephone to try to instigate action. he can sign bills and executive orders and get on the phone in

unique abilities to rally support ideas. >> we talk about this, influence senate democrats to go along with some job creation proposals that they have, mainly trade promotion authority that allows the administration and easier way to negotiate free trade agreement, president obama continues congressional discussions this evening, senate democrats will be coming to the white house, 5:00, meet with president obama. connell: on the subject of congressional inaction more news from capitol hill as the senate fails to extend emergency jobless benefits for 1.5 million long-term unemployed americans so we bring wayne rogers in to talk about that, wayne rogers and company. news alert to a lot of people,

politics involved in this. what is your position on extending jobless benefits to set up a discussion? >> it is all politics, it is not anything else. if i have the ability to print money and i can buy votes by passing out money i know of those people will vote for me than i am going to do it and democrats -- connell: on the merits that jobless benefits should be extended, the position of the economy and everything else. you are against it. >> no. you had a gentleman i am talking about, the economy, the president had five years, five years and hasn't done it right because underneath all of this is the theory that if we spend the money, that will generate jobs. that is the keynesian theory. they don't read height, they don't read the people on the other side of the equation.

they don't understand that doesn't work, it hasn't worked. he spent trillions, more than any other president of the united states and we still have joblessness at 6.7%. connell: to extend these benefits any longer, you say they should come off at this point. >> that doesn't help anybody. passing out money on, come back in, i will give you some money to vote for me. is buying votes. no extension. connell: having a couple different -- no extensions so the republicans -- the reason i started by saying there are politics and all the republicans are proposing there should be some extension just not as long as democrats and republicans a three months, 6 billion, democrats said through mid november, 18 billion, mid november you don't have to be a genius to figure out that it midterm election time. how do you think the gop should handle this to come out looking all right and still not spending

a ton of money? >> there is money there. you could do this but got to get some offsets from it and stop spending somewhere else. i could be emperor of the world by saying to everybody in the world i don't have any money but i will print and chanted out to everybody and you will vote for me. that is insanity. if you don't have the money you shouldn't be spending it. we have waste all over the place. we note that. every government program, enormous amount of waste. you could stop that and get money and dictate to that but if they don't want to, who is going to vote for me? the president on the other hand is the same way, worried about oh we have to take care of these poor people who vote for me. doesn't care, has no concept of what a free economy is and how to get the jobs done that way. connell: i of it when you do

voices like that. that is a great aid to end at. wayne rogers. dagen: it does not end for the nsa. where did that the agency is using radio waves to monitor computers around the world. connell: don't even have to be connected. the nfl construction settlement another big story rejected in court, could mean more money for the league, what is a very sensitive issue. we will talk about that with judge andrew napolitano. dagen: legal, monetary and health and get online with your brain, kicked starter progress that wants to give you control of your pc by just thinking about it. as we go to break the oil market. ♪

[ male announcer ] this m has an accomplished resear and analytical group at his disposal. ♪ t even more pressive is how he puts it to work for his clients. ♪ morning. morning. thanks for meeting so early. oh, it's not a big deal at all. come on in. [ male announcer ] it's how edward jones makesense of investing. ♪

it's not the "juggle a bunch of rotating categories" card. it's not the "sign up for rewards each quarter" card. it's the no-games, no-messing-'round, no-earning-limit-having, do-i-look-like-i'm-jokg, turbo-boosting, heavyweight-champion- of-the-world cash back card. thiss the quicksilver cash back card from capital one. unlimited 1.5% cash back on every purchase, everywhere, every single day. now tell me, what's in your wallet? dagen: bank of america of the

stock to watch. nicole: they have their quarterly numbers surpassing the estimates. and hitting a new high, for the quarter profit be the analyst estimates, and the number they are doing well, and a 52 week high, wanting to keep an eye on is citigroup, there is a probe for citigroup and deutsche bank to currency trades, we are watching is that. it is up 2%, pnc financial, a lot in the financial realm doing very well. connell: a lot of talk about the new york times story in the league and the national security agency, and radio waves.

the secret technology allows the agency to gain access to computers through software that is placed on 100,000 computers around the world. and uses radio waves to transmit information, ann figure out what is being done on that. dagen: speaking of the nsa, phil zimmerman and his company signed a circle, start up the phone to an cecily designed, here it is the deal. that have set called the black phone runs on a completely secure version of the android operating system, for all user activity through a virtual private network. cellphones makes its debut at the mobile world congress in barcelona. starting on february 24th. connell: the word for it hasn't been heard in a while. critics of the nfl settlement on

concussions said $765 million price tag wasn't enough. now the judge agrees with them so that is the story today as judge andrew napolitano comes in to talk about the long-term and what might happen. dagen: move over-actress and. a woman has taken the reins at general motors. what to expect from her first day on the job. (vo) you are a business pro.

seeker of the sublime. you can separate runway diculousness... from fashionhat flies off the shelves. because only national lets you choose any car in the aisle... and go. and only national isanked highest in car rental customer satisfaction by j.d. power. (natalie) ooooh, i like your style. (vo) so do we, business pro. so do we. go national. go like pro.

over the pizza place on chestnut street the modest first floor bedroom in tallinn, estonia and the southbound bus barreli down i-95.

♪ this magic moment it is the story of where every great idea begins. and of those who believed they had thpower to do more. dell is honored to be part of some of the world's great stories. that began much the same way ours did in a little dorm room -- 2713. ♪ this magic moment ♪

>> 22 minutes past the hour your fox news minute. an earthquake rocking los angeles county earlier this morning. the magnitude 4.4 quake struck three miles north of fontana, calif. 50 miles from downtown l.a.. no injuries or major damage from the tremor. new details emerging from the tragic school shooting in mexico where a 12-year-old boy opened fire yesterday.

police said the troubled kid, not to go to school after the attack, two were wounded in shooting, one critically. today marks the fifth anniversary of the miracle on the hudson. on this day in 2009 he wrote captain sullenbergere made an emergency landing after his plane struck a flock of geese in flight. usairways light 1549 crash landed into the frigid waters with no fatalities. the flight was headed to charlotte, n.c.. those are your headlines. dagen: farther to the lowest levels in years. connell: charles payne on the significance of this. charles: two years ago, actually a two year period where we almost began every day wondering what yields were doing in europe and greece was on the precipices and spain and portugal and italy and it dominated the news for a

long time and now that they of come down so dramatically, it is almost healthy, you don't hear about it. this is really impressive. spain yields are down significantly, greece, italy, portugal. it points to maybe they actually have weathered the storm and what i like about europe is the idea of growing these economy is when along came yesterday the president of france. dagen: has no personal problems. charles: in france it might be a badge of honor that his popularity went from 24% to 21%. here is the thing. when the socialist start to talk about cutting taxes, cutting spending, it tells you obviously the economy isn't what it used to be but they understand they want to grow it. the main message that i avoided europe for a long time and that might be the wild card of 2014,

the differencemaker where china elected down a little bit and the u.s. grows at 3%. dagen: the debt. charles: i wouldn't touch the death with a 10 foot pole but these economies could help drive corporate profits in america. dagen: still to come and $765 million settlement that could shortchange brain injured nfl players. a judge takes a pass initially. what does our judge think about it. connell: good things about general motors, trucks, jeff flock will have the latest on that as we look at some winners today on the s&p 500. the day of the markets.

my dad has aor afib.brillation, he has the most common kind... ...it's not caused by a heart valve problem. dad, it says your afib puts you at 5 times greater risk of a stroke. that's why i take my warfarin every day. but it looks like maybe we should ask your doctor about pradaxa. in a clinical trial, pradaxa® (dabigatran etexilate mesylate)... ...was proven superior to warfarin

at reducing the risk of stroke. and unlike warfarin, with no regular blood tests or dietary restrictions. hey thanks for calling my doctor. sure. pradaxa is not for people with artificial heart valves. don't stop taking pradaxa without talking to your doctor. stopping increases your risk of stroke. ask your doctor if you need to stop pradaxa before surgery or a medical or dental procedure. pradaxa can cause serious, sometimes fatal, bleeding. don't take pradaxa if you have abnormal bleeding or have had a heart valve replaced. seek immediate medical care for unexpected signs of bleeding, like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have a bleeding condition or stomach ulcer, take aspirin, nsaids, or blood thinners... ...or if youave kidney problems, especially if you take certain medicines. tell your doors about all medicines you take. pradaxa side effects include indigestion, stomach pain, upset, or burning. if you or someone you love has afib not caused by a heart valve problem... ...ask your doctor about reducing the risk of stroke with pradaxa.

connell: okay. just coming up on the half hour. federal judge not satisfied with the 765 bullion dollar nfl settlement on the concussion. our judge is coming up. mary bauer with her first official day at gm. we will talk about that. dagen: i do not think about anything. what's the story, nicole?

nicole: 3d printers have run up so far and so fast. we are taking a look at lower full-year guidance. exelon down 10%. that is a huge move. let's take a look at some of the other names. 3d is one that we often take a look at. in the last 52 weeks, it is up 119%. that is a great performance. back to you. connell: and may not be enough to compensate all the players.

dagen: what to make of this? we have our judge, andrew napolitano here. >> good morning. good to be with you. think about a class action consolidation. representatives of unnamed and often unknown plaintiffs. the lead plaintiffs in this case, who are former well-known members of the nfl, are suing on behalf of everyone who ever played on behalf of the nfl that suffered a head injury. that is not a certain list. the court has to examined the proposed settlement to see if the court standing in the place of the others would agree with the settlement.

connell: you have 20,000 players that are considered to be part of this. >> this is a rare instance in which the court can substitute its judgment for tte litigants. if dagen sued you and on the day of the trial your lawyers went to court and said, judge, the case is settled. if dagen sued you in behalf of others, not in the courtroom and not even known to you -- connell: you say it's not enough? >> in this case, she gets into the settlement negotiations and looks at where the dollars will go. one, i am not sure though

plaintiffs have located all the people in whose behalf they are suing. once they find these people, i do not know there is enough money here. dagen: one of the interesting issues is the nature of these illnesses. some of the illnesses have not manifested themselves yet. >> what you usually do when you have a large class of plaintiffs , the nature of the injuries are different, you find a couple bellwethers. you find a classic example of a plaintiff for each different type of injury.

>> the next step is more information coming forward from the nfl. information about their injuries, that will inform the court about how large the settlement pool needs to be, how many human beings need to be paid and as big and pointed out, how quickly they need to be paid. dagen: it does not make the issue go away for the nfl necessarily, does it? some players have rad filed suit. >> this will relieve the nfl of a large and legal nfl obligation. it will not make this whole case go away. nothing will make the case go away as long as there will be violent.

connell: they are doing pretty well for themselves. >> some of the injuries have been suffering for years and they don't know what it is. dagen: again, it is just a difficult field to tackle. >> it would be right to say she deptford the settlement pending more information, which would likely lead to a bigger pot of cash. connell: judge, thanks. good to see you. dagen: two weeks from the biggest day of the year, the super bowl. the fbi is holding a security news briefing this afternoon. connell: rick has the story. >> the lead agency handling security for super bowl 48 and is uniquely qualified for the job. metlife stadium is only stadium

that has a game every single season of the weekend because the jets and giants split their games. the police handle security for every home game. new york is very familiar with threats from terrorists. it is a top terror target. police have been preparing for this game for basically three years now. ever since it was awarded. we will hear how they are prepping for this very challenging game. this stadium is very different from other stadiums around the country. last year, in new orleans, a lot of folks just walked to the stadiums from their hotel. this year, most people will be driving or taking public transportation. whether, this is the first open stadium to host a winter game.

it will be a big focus for authorities here as well. they are doing everything they can to prepare. we will bring you highlights throughout the day from what they tell us later today inside the stadium itself. connell: we look forward to that. dagen: well -- [laughter] dagen: some people in new jersey, i would not put it past them. the new chief executive officer, jeff flock is on this story. connell: last week's deep freeze driving up beef prices. dagen: new york city kickstart project developing a computer that you can control with your mind. we will tell you how it works. ♪ welcome back. how is everything?

there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order. good news. i got a new title. and a raise? management couldn't make that happen. [ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex. ♪ >> i am lori rothman with their your fox business brief. india is building the worlds largest solar solar plant. the prime minister says he wants to occupy the center stage in the company's energy mix. the plants will be in the state near the equator which has more than 300 sunny days a year.

global growth forecasted for the first time in three years, the bank is expecting a growth rate of 3.2% this year. that is up from 2.4% last year. we learned largest increase in months for the cost of gas rebounding. that is the latest from the fox business network, giving you the power to prosper. ♪ in real time. ♪ the shell brought 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 ] the magic shell went bk to being a...shell. get live sqwks right in your trading platform with think or swim from td ameritrade.

get live sqwks right in your trading platform millions have raised their hane for the proven relief of the purple pill. and that relief could be in your hand. for many, nexium helps relieve heartburn symptoms from acid reflux disease. find out how you canave at purplepill.com. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea if you have persistent diarrhea, contact ur doctor right away. other serious stomach conditions may exi. avoid if you te clopidogrel. for many, relief is at hand. ask your doctor ouxium. connell: hopping into the driver seat over at gm. she takes over as the ceo. dagen: offering the first quarterly dividend in nearly six years. jeff flock with more on the story. jeff: neither of those are the headlines today.

take a look at the latest numbers on gm. down about 8% and a half. they actually thought it a little bit lower going forward today. i think that is probably your headline. take a look at what we thought the headline should be. gm with the first dividend since 2008. a payment of $0.30 a share. but, here is my headline. increased restructuring costs of about $1 billion going forward in 2014. that is a lot more than they had first indicated. a pullout of the australian market and a closing of a plant in germany. the forecast going forward is for 2% growth in world auto sales. revenue growth of about 2% as well. a lot has been made of married making too much, some people have suggested.

take a look at the scene on% monday. i had a chance to catch up with her a little bit. a lot of people have been writing stories about this intense media crush that she has had to endure. reporters kind of force to chase her down the aisles of the auto show. she has not had a lot to say. no big headlines. the fact is mary will be the ceo, is the ceo as of today. mary bar will not have that role, at least to start out. she will have a lot of help. a lot of news from gm today. as i said, both ford and gm with maybe we will not have as much

excitement in 2014 as we did last year. dagen: we can dream, jeff. thank you for that. good to see you, as always. jack, good to see you. is there still value in these emerging markets debt? if you are looking at this universe of fixed income, where is the best value? i will not say this is a january 2014 event that the world will heal in these markets will be off to the races, but i think it makes sense to start the playing a little more capital into somebody's beaten up, emerging bond markets. dagen: how much of your portfolio, overall, would you put in?

5%? less? >> if you are looking at a retail investor, i would say 5%. you need to be a little bit selective. i look at brazil, i look at their yield at 13%. there is a lot of negative news priced into that. it is not just brazil, south africa, mexico, india. i have been in this business for 20 years. i just do not remember sentiment being this negative on emerging market. that usually means that there is some value being traded. every time they healed on the tenure gets to about 3%, a little bit more than not, then there is a rally. do you still think, would you hold treasuries here, or would you short them, which is what a lot of professional investors are doing? >> i would not short treasuries.

i think we will get stable treasury yields. the key component is there is still distillation very measures. i look at the -- it just means that if you have high cost of production in one era, a company will move its cost to a lower area. same thing with technology. downward pressure on domestic wages. i just do not see where inflation will be an issue in 2014. lou: thank you very much, jack. it was great to talk to you, as always. we will see you very soon, sir. forget the keyboard. how you can control computers with your mind.

connell: before that, we will take a look at some winners. we will be right back with more on "markets now." ♪ [ male announcer ] e new new york is open. open to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here and pay no taxes for ten years... we're new york. if there's something that creates more jobs, and ows more businesses... we're open to it.

srt a tax-free business at startup-ny.com.

connell: talking about beef prices on markets now. forecasts for more cold weather, it is a struggling cattle industry at this point. >> unfortunate situation for ranchers and restaurant stocks. this is by the pound. $1.38. the highest that cattle prices have ever traded today began trading in chicago in the mid- 1960s.

we had a drought a couple years ago. this year it is the bone chilling temperatures that is causing a lot of the ranchers to feed their cattle more. what is happening is we are getting a spike in prices as the overall supply in the market continues to get squeezed. this is one of the biggest threats to the bottom line. they have had to raise prices significantly over the past few years. we are getting more frigid temperatures throughout the

midwest. that cattle herd in the united states is a completely different story. we are looking at the smallest herd. dagen: thank you, sandra. rising airfare and hotel prices. group spending also up. people are getting more confident. all of this according to the global business travel association. here is a look at some of the hotel and airline stocks and how they are trading today. connell: we will take that as good news. this story we talked about

earlier. a computer only controlled by your brain. basically, the idea is to develop an affordable headset that would work in conjunction with a specially equipped computer. you just think about it and it happens. it is crazy sci-fi stuff, but it is going to happen. a lot of cool things are happening in the technology world. we try to pick out a few every day. this is one for you, what are you thinking about? oh, wait. dagen: nothing. [laughter] connell: it is just a blank screen.

dagen: if you are lucky enough to be going to the super bowl and you are using a car, you will pay for it. parking at the super bowl, $150 a pop. there is no tailgating. you cannot do that. 13,000 parking spaces, 80,000 ticket holders. connell: what could possibly go wrong? dagen: go ahead. anheuser-busch has that vote, that ship that they move into the west side of manhattan, i think you can stay on it, selective customers can stay on it, i assume they will ferry people over him and bus them in. my apartment overlooks the lincoln tunnel.

connell: oh, really? if you believe in the sports illustrated curse, new england patriots just hit it. he is on the cover, the guy there -- it was written weird in there. i always think these are weird. they have the championship game on sunday well, whatever. dagen: what is wrong with you? connell: i was talking about the sports illustrated curse. it is so silly. it is an economic theory. they say you are cursed. he is not cursed. dagen: he plays for the patriots.

who is the favorite? the broncos are the favorite, aren't they? connell: yes, they are playing at home. did you get your bets and, by the way? dagen: i am going for the seahawks. there are four teams left. we have to go. connell: speaking of technology. it is no secret wearing the google glass makes you more attractive. dagen: baby if you are a nerd. connell: markets now continues in just a moment. ♪ than the research this man has at his dissal is how he puts it to work for his clients. morning. morning. thanks for meeting so early. co on in. [ male annncer ] it's how edward jones makes sense of investing.

of the dusty basement at 06 35th street the old dining table at5th and hoffman. ...and the little room above the strip mall f roble avenue. ♪ this magic momt it is the story of where every great idea begins. and of those o believed they had the power to do more. dell is honored to be pa of some of the world'great stories. that began much the same w ours did. in a little dorm room -- 2713. ♪ this magic moment ♪

world we live in where phone booths are viewed as a quaint anachronism, people stand up in the middle of a crowded plane and broadcast their telephone conversations to everybody

within earshot, where we no commercial invasion of our personal privacy is taking place almost constantly in the accumulation of information by our government is only a fraction of what the commercial sector is gathering about everything will day and every move we make. dennis: every move we make. company could be tracking the sand probably are. i and dennis kneale and cheryl casone rejoined us to take you through the next hour of markets now. business is secretly using corrugated to find information about our movements. should we be getting the for our information? is 2014 the year to buy a house? a guest says it is the best o o investment you can make this year. google last scoring points on innooation but loses points on attractiveness and we have a guy who is helping to create more wearable and better looking tech. of this and more in the next hour of markets now. welcome back. second day in a row up triple

digits. cheryl: nice way to come back to work, 20 points on the dow. kickoff tomorrow, bank earnings coming out this morning. top of the our stocks every 15 minutes, nicole petallides on the floor of the stock exchange, good news, and the s&p, good stuff. nicole: you see right now we are moving into positive territory, just so you know the close on 2013, last trading day of 2013 the s&p closed at 1848.36, right now we are at 18 eight the meeting 38.3 it with this move up 1/2% for the s&p 500, the nasdaq, dow negative territory, the nasdaq up 1/2% at the moment. the nasdaq 4209 and we are at 4210 so positive territory for the nasdaq. we have seen bank stocks doing

well on the heels of the bank of america numbers that came out, we see a profit on the rise, strong fourth quarter profit, at beat expectations, stronger quality, credit quality, that was good news, losses in consumer real-estate was good news. let's look at apple quickly, apple as the china mobile deal moves forward, full of the on sale friday. is taps into a huge market because it is the world's largest carrier, apple $5579411.5. dennis: thanks very much. a marketer's dream, a new startup turnstile solution putting cellphone tracking censors around the city would for the sole purpose of tracking your movement. privacy advocates are up in arms as they always thought. turnstile founders joyous now with their side of the story, thanks for being with us. let's start with the promise, wall street journal, great story on the experiment you are

running in toronto where one asian restaurant that has your sensors in its restaurant trekking those people learned that in a single month 170 customers when clubing, 250 went to the june, 216 from one particular neighborhood. that is a marker's dream. what do you do with that information once you know that? >> our goal is to help the retailer understand so the retailer can use that to better target and the pro by an experience for their customer had the customer will enjoy a. we really want to empower the retailer with fleeces they can make online in the ecommerce world. dennis: which is which? which dog as the tie on? >> the guy on my left. >> we both have ties on. dennis: you did this without getting my permission. you are tracking my movements, you know my particular cellphone and didn't get my permission to begin with. maybe i would feel better about

you if you asked. at the any brushback from people who are upset? >> bsolutely. we try to all the information we are collecting right now is non invasive, non personally identifiable. foot traffic information. this is the passive, passive in flow. we are kind of hoping that people will one day choose to opt in to our offerings, opt into loyalty programs and trust with retailers that they trust. that is our end. dennis: opt in is a nice idea. why don't you start without the opt in? >> as a matter said the data is collected is anonymous. nonperson identifiable identifier from the cellphone,

in an aggregate level this is not personally identifiable information and our goal is to abide reports to the retailer. dennis: hy em a pro tech guy, the privacy prudes over do it all the time since the dawn of the american express card we sacrifice a little bit of privacy, they know where i live, so fine, yet this goes a step farther. when you say it is not identifiable information doesn't every cellphone and individual electronic serial number? don't even know indeed that this cellphone is one parrot together cellphone going to the club late at night or going to the gym and the other cellphone is a sacred cellphone that went somewhere else? are you telling me all the they are not deferentially dated by which cellphone? i find that hard to believe? >> the cellphones are uniquely identifiable but not personally identifiable. the information does not include personally identifiable

information, they simply include -- dennis: you always say this. it doesn't have the person's name and address, yes there cellphone but our cellphone is traceable to ourselves. why not just do an opt in? why don't you pay me to take part in your network? if you start paying me for my personal they i am a lot less upset. i went to see the c drug store use that byre card and got a $12 discount on a $60 purchase. why are you paying me instead of stealing it without my permission? >> that is the attention with the loyalty program and those are the sorts of products we believe are important for technology like this and we see a lot of interest from retailers and consumers tuesday that if you are willing to provide personally identifiable information we can use in a responsible way we would love to give you deals and provide and facilitate loyalty type platforms where you are effectively paid for your data,

that is a goal of ours, personally identifiable information. dennis: al la will it be before your technology and ends of showing up in divorce court where the spouse knows this other spouse was at this home later at night seven nights a week? in murder trials? legal enforcement investigations? only matter of time. >> i think respectfully we are not going to comment on that but as of right now we're very careful about the data we collect and the data that we do decide to share. as of now, that is certainly not on our radar and as we expand our offering we will make sure we work with the privacy commissioner of canada and the future of privacy to make sure everything we do as we progress, consumers are comfortable and where. dennis: we appreciate your being

with us today matt hunter and devon white. this is the best example i have seen in a while the old saying it is always easier to beg forgiveness than to ask permission up front. have a good day. cheryl: at the top of the hour the dow up 125 points, time for the fox business stock radar. rob morgan, achieve investment strategist at full from securities, betting on the consumer, two the teams, disney, starbucks, luckily for you, the news on starbucks, let's start there because they got downgraded and there are concerns about the valuation of this. >> i have a top ten stalkless, starbucks is on it, the most expensive stock, 27 times -- please -- by price-earnings ratio. i think there expansion into asia is justified, japan and china have historically been

more tee centric companies and it has taken starbucks awhile to figure out the formula, and the lot of room to run. cheryl: of 38% and i say that in all fairness. a lot of new highs for stocks and starbucks performing. >> the other side of it from a technical side of things it is a lot 250 day moving average. it is a lot, they don't mean reversion, it can only come down. cheryl: there is breaking news. apple breaking right now. breaking news on avalanche the ftc settlement. let's bring in peter barnes from washington with what we learned from apple. >> apple has agreed to settle a complaint with the federal trade commission that it build consumers millions of dollars for charges in kurd, and without

parents' consent. it will pay consumers $32.5 million, and the ftc is holding a press conference right now to announce the settlement but apple put out a press release confirming attendant to the terms of the settlement with the ftc apple will also be required to change its billing practices to insure it has obtained express informed consent from consumers before charging them for items sold in mobile apps. gerri: peter barnes out of washington with that news on apple and the ftc and i want to bring rob morgan in to react to this news because one of the thing that'll at ceo is saying according to reuters is we decided to settle with the government over this because we were already going to take this action with regards to the guy in parental control. >> $32 million in the grand scheme of things sounds like a lot of money but to a company with apple's scope not so much.

unlike apple's stock as opposed to starbucks, apple is only some 12 times earnings of is very cheap and there is some concern, what is the next big thing coming out of there? i tvs and kings of that nature is so i like stocks and i don't think this negative impacts of buy rating. cheryl: we are talking about starbucks and confusing you but with regard to apple they have cash on hand, carl icahn going after the company, going after the shareholder or whatever you call it, to deploy that cash. $32 million to apple is nothing i agree with you but they have become a target not just in this the overseas, for things like this. >> you can say is that, once you get to be a giant look at walmart. one of the most hated companies out there. maybe apple should aspire to be a heated company as opposed to

admired. cheryl: thank you for commenting on apple and i want to go back to starbucks, talking about the long-term strategy and you like them for asia, they had the acquisition of teavana. >> is a new strategy but they have got their knowledge of back. shares at disney, that is the other stock on your radar. that stock is up 45% over the last year. one component of disney do you like? analysts have differing opinions. some say the cruise lines and the parks. >> the parks really, i won't say i like other media companies as well but i would say in my mind what separates disney is the park's really give it a smooth out earnings stream, very consistent reliable and earnings stream. in the old days we called it a ruler stock, on a graph you could draw a line through the predictability of their earnings and it is a lot cheaper than

starbucks, 18 times earnings not cheap. one other thing about both of these they paid dividends, they grow, growth stocks as you know, very unusual that they pay a dividend and grow up strongly. that will help income. gerri: both stocks are performing well and starbucks for the last month, that is the truth. thank you for coming with breaking news. dennis: betting the house on the housing market? one adviser says buying alice could be the best investment you will make this year. cheryl: talk about not wanting to make this list. one university accidentally releases the names of its worst performing students. detail ahead. across america people are taking charge

of their type 2 diabetes th non-insulin victoza®. for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza®. said victoza® is different than pills. victoza® is proven to lower blood sugar and a1c. it's taken once-a-day, any time, and comes in a pen. and the needle is thin. victoza® is not for weight loss, but it may help you lose some weight. victoza® is an injectable prescription medicine that may improve blood sugar in adultth typ2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza has not been studied

with mealtime insulin. victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. symptoms of a serious allergic reaction may include: swelling of face, lips, tongue, or throat, fainting or dizziness, very rapid heartbeat, problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. seriouside effects may happen in people who take victoza®, including inflammation of the pancreas (pancreatitis), which may be fatal. stop taking victoza® and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting. tell your doctor about all the e and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration,

which may cause kidney problems. if your pill isn't giving you the control you need k your doctor about non-insulin victoza®. it's covered by most health plans.

cheryl: the dow 30, 120 points to the downside, down for the year but a nice come back, also look at that stock in the middle of the screen, the stock we are watching, 4.2 at j and j being reported exclusively by partners at the wall street journal. let's head to the floor of the stock exchange, nicole petallides standing by, pet smart seeing red arrows for the company today. >> and in fact the stock is down 1-3/4, and the 3 months chart. and downgraded news that would not be placing chief operating officer in this position and current executives, that remains

as a wild card, ubs, credit suisse of view of the names on wall street cutting their targets, ubs cut to neutral from a buy rating, not good news and lowered the price target to $72 from 80 to. much like credit suisse, lower their target to $70.78 and the neutral rating as well so after the retirement they are not replacing the current c 00. on a day you are seeing gains across the board and the dow 120 points, pet smart shareholders not happy today. dennis: and administrator at oxford university accidentally sends out a list naming the very worst performing students to all the students in the school. but e-mail with an excellent document was meant to be a timetable about coming exams but instead listed the names and poor exam grades of 50 students at the university. the school issued an apology looking into the incident, one

law student on that list understand why some people may be upset. if this happened in america the trial lawyers would have filed a lawsuit by now. cheryl: exactly. making wearable tech fashionable. ahead we have a company looking to make wearable technology like google glass and some are watches that are actually attractive. dennis: why you should be buying a home right now. financial expert and author nathalie page makes the case for home buying. welcome back. how is everything?

there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order. good news. i got a new title. and a raise? management couldn't make that happen. [ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex.

where does the united states get most of its energy? is it africa? the middle east? canada? or the u.s.? he answer is... the u.s. ♪ most of america's energy comes from right here at home. take the energy quiz. energy lives here.

cheryl: 23 minutes past the hour your fox news minute. violence in iraq isn't letting up, more bomb blasts in baghdad and in a village north of the capital's elite killing 34 people, the prime minister trying to eliminate threat from al qaeda mental -- militants, still in a stand of the terrorist organization, in run

body ever, and the u.s. pledging creating million dollars in assistance to civilians suffering in syria. secretary of state john kerry making the announcement in kuwait. the pledge comes as united nations claims $6.5 billion is needed to sustain syrian refugees, a federal judge denying preliminary approval of the $765 million concussion settlement, district judge anita brody fiers some may not be enough to cover 20,000 retired players. attorneys on both sides will provide the judge with additional material to show it is a fair deal. those are your headlines. back to dennis and cheryl. dennis: time to make money in the house of pain. may not be on your radar now but charles payne making a big turnaround. charles: it was on people's

radar before, split it, and what the eye on the stock is, $34 now. try $1,769 a share. one of the hottest stocks. it is an internet service provider. these are the pipes that information goes through. so much on wireless we talk about wireless all the time that there's a tremendous amount of stuff that goes through the ordinary pipes we always use and here is the big deal, we were talking for a decade about business that inga and starting to redo their stuff. a lot of places where people work you can get on the internet faster with your phone watching video faster and getting information faster but that won't work in corporate america and last quarter on the enterprise side, business side, america revenue up 7%, europe up 9%, latin america 13%, business spending. cheryl: the mobile story in the united states but not overseas. charles: the phone is ten times

faster, you can't work like that. dennis: level 3 stock is up today, federal appeals court ruling said fcc you are not allowed to order comcast and verizon and others how to run their networks, level 3 is netflix's contractor that sends movies through the pipes to comcast. they have been in a fight, you shouldn't charge higher prices for data load, should be the same rate for every one. now you can't do it. and that could hurt level 3. charles: i don't think they will get hurt. it will be a huge opportunity for them. the point you make. apple music goes to the pipes. they have to be upgraded and someone has to pay for it. they had it out between the content providers and these guys are more middle managers if you will and i think it will be a

huge victory. cheryl: stock up 5%. charles: higher than normal risk idea. cheryl: apple is preparing to squeeze more out of its deal with china mobile. joline kent is covering that story. dennis: tech you can wear in public. looks like something from star trek. as a business owner, i'm constantly putting out fires.

so i deserve a small business credit card with amazing rewards.

with the spark cascard from capital one, i get 2% cash back on ery purchase, every day. i break my bacaround here. finally soone'recognizing me with unlimited rards! meetings start at 11, cindy. [ mama announcer get the spark business card from capital one. choose 2% cash back or double miles on every purchase, every d. what's in your wallet? i need your timesheets, larry! cheryl: a big bet on the housing market, buying a home could be the best investment in an earthquake rocking the los angeles area early this morning, details coming up in the west coast minute and google glass

rocks the tech industry but look of it isn't all that great. we talked to a guy trying to make high-tech more terrible. stocks every 15 minutes. nicole petallides, another good day for stocks, big movers. nicole: the s and p at all time high that a look at names that highs as well. these are some movers, not all of them tied, we are watching pandora, a new high for pandora. a lot of market share, more listeners, more hours, continues to rise, 375% in the last 52 weeks and they blew out there and expectation that sales of the model going forward in 2014 giving positive comments. arrow post of working with private equity firms or potential sales and the like, google you have been talking about, and acquisition yesterday a new high again today, put a

buy rating on google, facebook and trick adviser noting intel, more upgrades, another high for intel. you can add barkley's and positive commentary for intel for 2014 and as i noted a new high for intel. cheryl: see you in a little bit. dennis: 2014 is the year to buy a house according to natalie pace of women's investment network and author of the abcs of money joining us with her reasons why. i thought we'd already missed the boat on the best deals in housing and prices climbed too much. >> not really. we are at ten year lows and you can finance at that lifetime low end for most people that is the biggest price they're paying, how much they finance. in many markets it is cheaper to rent, cheaper to buy than it is to rent. so don't forget the great mortgage interest tax write off

so we can get closer to the millionaire tax plan of 15%. dennis: one thing that contributed to that bubble. got some numbers on median home prices. 2006 they began $222,000 almost. 2009 they have fallen 22% or so to $172,000, we got a list of numbers but by 2013 it is up to $136,000. from the bottom in 2009 housing prices are up 13% but from the bottom in 2009 stock prices are up 100%. it seems like we have some numbers working your way on home. >> the other thing is it offers a nicer, save for return, stocks can be a little more risky than real-estate provided you buy a home you can afford. you can live there, you plan on staying there a while. i wouldn't go into the bye and slid environment because prices

are only expected to go on average 5% next year but over time, 5.5% really adds up particularly when you got the tax right out and you are living there. dennis: and might be good for me to buy a home, you say it is not a good idea for someone to buy a home as an investment they already own. >> i do think this can be, got to know your region and have to know the market. income property can be a good investment as well. on wouldn't go in and we are in a slower growth on that recovery and this year we are seeing what will keep the prices down a little bit is we are starting to see the bank owned properties come back on the market place. dennis: your rose colored view, 2014 a good year to buy a home factor in what happens if st ra mortgage rates rise and that

hurt home values and brings prices down. >> what people need to do is lock in the fix anyway they can. 40% of sales are cash sales and what people are doing is teaming up with their parents who are getting negative return on bonds and having security so you got to partner up and team up to do whatever you can do to lock in low or fixed and then stayed there and enjoy it. dennis: if i want to buy a home and i am thinking how long should i want to live in it? there's a difference between buying it as an investment and buying a home by want to live in. what is the minimum? when you buy a stock you should have a minimum of two years before a home what is your minimum? >> if you are looking, your average job is seven years and you are ok with that so if you can say i think i am going to be working here and want to live here at least 7 to 10 years

definitely biased. even if you can't say in that, real estate is a good idea right now because bonds are miserable and you'd do need a safe haven for some of that money. you can still all in on stocks if you are close to retirement. dennis: overall what is the mistake of the housing bubble we look at our homes as investments and we should have been looking at them as a good place to live? are we making the same mistake again here? >> i don't think so. the prices are back to 2004 levels. you can -- people more aware what they can afford. we really have a lot of infomercials' late at night about how people can make money hand over fist, lending standards are claytor. it is harder to find a loan. that is why we have some of cash advice going on. i don't think we are in a bobble at all and we have a foreign market coming in. dennis: you nicely prosecuted your case.

>> thanks so much. cheryl: time for your west coast minute. a 4.4 magnitude earthquake rattled los angeles this morning. the u.s. geological survey reports the quake struck three miles north of montana at 4:41 pacific standard time. located 45 miles east of downtown el a. so far no reports of damage or injuries. president obama says intel at new arizona computer chip factory was the symbol of u.s. manufacturing for surgeons but according to the arizona republic the facility is empty. the factory was supposed to bring a thousand jobs to the phoenix area, millions in economic activity. intel will not say why the new plan is empty but they did confirm some employees were hired and working out of california instead. the technology bust buying up pot related domain names and hoping to score big. when bendixen and daniel brooks have bought wheatamenities and.com, madewithmarijuana.com

and 200 other names, only being $9 per name and hope to sell each one for $10,000. that is your west coast minute. dennis: google glass definitely cool if you want to look like an unmitigated got no date geek coming up a guy at trying to make hot new tech more wearable. cheryl: a new study reveals the gatt restaurants could be just as bad if not worse for your health than eating at fast food joints. we will see you at mcdonald's in a little bit. [ indistinct shouting ] ♪ [ indistinct shouting ] [ male announcer ] time and sales data. split-second stats. [ indistinct shouting ]

♪ it's so close to the options floor... [ indistinct shouting, bell dinging ] ...you'll bust your brain box. ♪ all on thinkorswim from td ameritrade. ♪ from td ameritrade. those litt cialis tadafil for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet helpsapproved to treattime the msymptoms of bph, like needing to go freently. tell yr doctor about all your medical conditions and medicines, and ask if your heart is healthenough for sex. do not take cialis if youtake , as it may cause an unsafe drop in blood pressure. do not drinklcohol in excess. side effects may include headac, upset stomach, delayed baache or muscle ache. to avoid long-term injury,gety if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breaing or swallowing, op taking alis and get mecal help right a ask your doctoabout cialis for daily use and a free 30-tablet trial.

tracy: tracy byrnes with your fox business brief, apple will provide $35 million in consumer refunds, ftc complaint, the company charge for purchases in mobile apps for kids without their parents' consent, and a federal judge, willfully infringed on a hand for upcoming a yoda, and average life sciences, $392.5 million in damages, plans to appeal the verdict. president obama will nominate a

california businesswoman to lead the small business administration. maria came from mexico, found america bank, if confirmed, this will complete the president's second term, that is the latest from the fox business network giving you the power to prosper.

shindig google glass is functional, and elegant, but is this something the average person might wear every day? the most attractive glasses out there? there pushing the envelope, contract did sentences the industrial design firm branch to come up with concept full of wearable tech, should look like a. i hope google is watching. one of the men behind the concept, thank you for being here. wired magazine approached and said you need to tell

technology's, how to come up with pretty technology that we like. what did you come up with? >> i think the idea was we were trying to integrate technology in a way that made it feel intuitive and not intrusive. what we do is try to have it fluidly connect into the device you are already wearing so if you are wearing glasses or watch it should look like a watch. cheryl: we have some pictures, some examples of things we're talking about, concept you came out with. for a watch for example samsung has watched, very bulky and you are saying we did make it pretty. is it the colors that make these more attractive? the design? the technology? what is it in your opinion? >> what it comes down to is the internal components inside. we are all battling to make things smaller and more seamless. batteries for example are

getting more efficient and medtronic skidding more efficient. cheryl: and you mean smaller? we can put them in more fashionable watches necklaces or whatever. >> and we are limited by display side so as we start looking at our devices everyone is looking at their phones and from what is currently not a very attractive or played thing to have a phone in front of your face, a bridge into your glass. cheryl: i am wearing one and i had been working with this. i got 1.85 miles today and burned a thousand calories. i got to tell you is great and i'm wearing it every day, it is not that attractive. could we take the technology and put it into a pre gold watch or something like that? is that possible? >> absolutely.

what is limited as the market and to is going to buy at. cheryl: and you have a whole new design, came up with a new product. tell us about it. >> we held them name them and do their identity and work their brand and amazing technology and what it does is detects and picks up sensors on every one of your muscles and your shirt and pants so they have 16 muscles in pants and sensors in the shirt. cheryl: would i feel them? like a workout shirt? what i feel some? >> the great thing is they figure out a way of integrating technology into the fabric itself, it is shown in the fabric so it feels like wearing a regular compression workout shirt or hands and the idea is that puck picks up the sensors and trends in to your phone so

real-time information is displayed and you can act accordingly. cheryl: is it on sale? >> they are in free order. cheryl: an interesting idea and i am excited to see what silicon valley comes up with and i know you have some relationships you might be implementing as well. thank you. dennis: apple going big in china. apple ceo tim cook saying the company will have record sales in china, and joe in kent joins us with more. >> the ftc was announcing the $32.5 million consumer refund over those kids's apps earlier. ceo tim cook hunkering down with china mobile to make sure the iphone want to the world's largest mobile carrier goes off without a hitch this week on friday. overnight he told reporters he is expecting big numbers saying, quote, we haven't announced numbers but i can tell you last quarter we sold more iphones in china than any time in the past so it was a record quarter. compare that to last october

when apple posted $5.73 billion in fourth quarter revenue up 6% year on year, so far several million phones have been free ordered regina mobil since late december according to the chairman, officially started on friday as we mentioned her earlier and is bringing a iphones to 3,000 new locations apple couldn't get to previously across china so that is more opportunity for apple to sell more ipads and laptops and devices down a road. tim cook made news saying he wants to broaden the alliance of china mobile to more than phones but didn't elaborate just yet. the stock reacted positively, it is up 2% right now. dennis: thanks very much. cheryl: we had a surprise in weekly inventory taking the oil contract hire. let's go to the trading pits of the cme, looking at oil and $94.52, pretty decent game,

$1.74. >> this is over 22 months and this wasn't supposed to happen. we saw a huge draw down in the gulf coast, you expect that before the end of the year when they're trying to avoid the tax man, not after the tax man and that created a big surge in gasoline prices, traders expect a lot better out of the gulf coast and at the same time we see mediant absolutely explode up 487 points, some of the cold temperatures increase heating oil demand and that more than offset the expected loss in jet fuel demand for all the airplanes that were grounded by cold temperatures those this is really a shock, has a lot of traders scratching their heads, where is this crude-oil going? why are imports not showing up? and again it is just down in the gulf coast where we are seeing these big drawdowns, gasoline supplies are going crazy, up 6,

gasoline, 6 million barrels of gasoline so the gasoline demand was hurt, production continues to be strong, imports of gasoline are also swamped. just about everything in this report supplies traders which is why we are seeing a violent move to the upside. back to you. cheryl: nice to see what heating oil does, you know what is coming. dennis: in the media minute the superbowl just 18 days away and here come the clydesdales, budweiser buying 3 minutes of ads in the super bowl, the best showcase on the planet and the highest price on the planet too, $4 million in some spots, one spot for bud light will show an aluminum can that is plausible rather than that. and the budweiser clydesdales will start in two spot sharing with the requisite cute puppy. but of course.

stepped aside disney and nickelodeon. the new kid coming to town and his features are fancier. viacom launching a new kids' channel in the u.s. but rather than an uncontrollable deluge of sponge bob square pants that parents can customize it where they want justice a word play or science stuff. the new nickelodeon jr. will start running on verizon systems soon. get this. parents can get reports on what kids are watching and program the channel to shut off after a certain span of time, no ads at all. gerri: interesting if you can program what your child sees on television. that is wonderful. dennis: that is called netflix. share of avoiding fast food to save on calories, and may not be any better. details coming. capitato make it happen? that makes it real?

what's a vision without the expertise to execute it... and the financing to make it grow? whatever your goal, it can change more than your business. whatever your goal, it canhange e future. that's wh at barclays, our ambition is to alys realize yours.

cheryl: choosing a nice restaurant over fast food may not be as healthy as you thing. the journal of nutrition and behavior says eating a meal at a sit-down restaurant can be just as bad or worse for your health and eating at a fast-food joint. the study analyzed 2600 items from restaurants in the philadelphia area and found a typical meal containing an average of 2,020 calories, more than your need for your entire day but go ahead. give it a shot because burgers, fries, whatever. dennis: you heard of catnap, how

about a nap in a bathroom stall? intern hong kong tell the wall street journal about inventive ways to get sleep while working very long days. the mentor and say they set alarms on their phones, plug in head phones and take a quick nap in the bathroom. the news comes as many banks revamped their programs to make sure participants are not working too many hours. they ought to get over themselves, they're not that important to the operation. cheryl: i can't get over the london inter at goldman sachs. our intern's don't work that hard. hunting for returns by backing the next big thing. the growing optimism over venture-capital as an investment and will warning from one of the smartest mined in the business coming up next, first on fox business interview with kim draper. dennis: taking on amazon in ecommerce could be a futile effort but that is not stopping one person, founder and ceo of home goods detail the wayfarer

on blockbuster holiday sales and a small public. ♪ [ cellphones beeping ] ♪ [ cellphone rings ] hello? [ male announcer ] over 12,000 financial advisors. good, good. good over $700 billion dollars in assets under care. let me just put this away. [ male announcer ] how did edward jones get so big? could you teach kids that trick? [ male announcer ] by not acting that way. ok, st quarter... [ male announcer ] it's how edward jones makes sense of investing. ♪ there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order. good news. i got a new title. and a raise? management couldn't make that happen. [ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex.

over the pizza place on chestnut street the most first floor bedroom in tallinn, estonia and the southbound bus barreli down i-95. ♪ this magic moment it is the story of where every great idea begins. and of those who believed they had thpower to do more. dell is honored to be part of some of the world's great stories. that began much the same way ours did in a little dorm room -- 2713. ♪ this magic moment ♪

>> good afternoon, i am lori rothman. ashley: i am ashley webster. helping stocks reraise the january slump after years of lousy returns, could venture capital be the place to put your money now? companies like hotmail, skype and others join us in a first on fox business interview with his 2014 outlook. lori: venture capital with the e-tailer's founder and retail sales for 2014 potential ipo plans. ashley: not enough, a federal judge rebuffed an nfl $765 million compensation deal for former players suffering from rain damage. what happens now?

fox sports one legal analyst on what happens with this nfl concussion case next. lori: major gains on wall street now. strictly for the new york stock exchange with nicole. nicole: all posting of arrows. so much so you s&p hit an all-time high today of 1850. the nasdaq also at a new high back to the 2000 era. and the dow right now 15,494. you do have stocks rallying as strong data on manufacturing. all helping to move the market higher. take a look at bank of america joining wells fargo and jpmorgan reporting right now bank of america up 2.5% coming out with better profits,