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, 17.19.

ashley: president obama speaking from north carolina in a few minutes on a new effort to boost manufacturing, hopefully create jobs. rich edson with a preview. rich: ashley, this is part of a private initiative the president announced last year in his state of the union address. the white house is calling the president's year of action previewing the white house fighter saying he will be looking for areas of bipartisan cooperation but he won't be waiting on congress to act. he will use his executive authority his pen and his phone to work with anyone to get things done. on this republicans say they are skeptical. >> if he is truly serious about getting the economy back on track and creating jobs, he will do more than just talk about job creation. or bipartisanship today. he will actually work with us on

rail bipartisan solutions to get there. rich: this evening at 5:00 he will meet with senate democrats whwill come hit the white house. back to you. ashley: rich edson, thank you much. lori: apple reaching a settlement with the federal trade commission. the stock is adding gains on that news. refining consumers over billing practices. the ftc complaint says apple build folks when kids made purchases without their parents consent. apple ceo tim cook reportedly telling employees he settled with the sec because the deal does not require us to do anything we don't already do. you saw the shares popping on the news. with the ftc out of the way, apple is hitting a major milestone tapping into the biggest smart phone market. jo ling kent is here with more. >> this deal is six years into the making. apple ceo tim cook is in china with the launch of the world's

biggest mobile carrier expected on friday and we expect to see record sales. cook said in an interview we haven't announced numbers but i can tell you last quarter we sold more iphone in greater china tha than anytime in the p. it was a record quarter. analysts are expecting a new deal launching friday could increase apple iphone shipments by 15 to 30 million units. more importantly for apples long game, cook said he wants to broaden the deal they have with china mobile beyond the iphone. he did not elaborate on what exactly, but ringing the iphone to 3000 new locations across china that apple could not get to on its own with their stores. a bunch of suppliers who plan to benefit from a spike in orders. take a look. they all stand to benefit. take a look at apple stock right now and china mobile both up,

apple taking a nice rice nice lori: back to you. ashley: graduate survey by the venture capital association, 59% of venture capitalists are expecting higher levels of venture investment this year. lori: despite all this, our next guest is warning of a bubble the next couple of years. he would know, he is one of the most famous names in the industry. we are glad to welcome in tim draper. overall the survey finds conditions in d.c. are improving in the new year, but there are still some hangups. let's start with the bad news. the fact the industry is skeptical, the federal government can pass legislation to address several issues critical to the startup ecosystem. >> i think we really tried with

the jobs act is supposed to be the jobs lost, but it has regulated getting in the way. it looks very promising, and we need something like that to shake up not only the economy, but our own industry is getting a little bit long in the tooth, the jobs act would have done a great thing for that. ashley: in what aspect? >> venture capital is pretty much right now, it needs to make it so anybody can invest in venture capital and anybody can help start a business and get it going, and the jobs act was going to do that. it was going to open it up. right now does not look like, this sort of clipped a lot of the wings of the job act, and so we're hoping things will change, but in any case the market is taking off, we have had a long

tours of ipo and all the sudden here they come. lori: this survey finds there is an expectation for a certain ipo volume this year, do you agree with that part of it? >> absolutely. a big pile of ipo. it is rising, everything is moving in that direction, i think we're going to see some great things and hopefully some of the companies we put into play over the last 10 or 15 years are now ready to meet the public. ashley: does silicon valley get the venture capital right now? where else are they? >> i set up a network around the world, that has been very valuable for us. but now it does seem as though distributions are becoming more of a commodity and so it is more important to be right where all

the action is, it is nice to be in the silicon valley because people do still come there to start their business and see their dreams come true. we see some of it in new york and quite a bit in china, so we won't be the only place in town, but it sure is a great place to be funding entrepreneurs. lori: speaking of silicon valley to make it their own special state with five additional individual states right right nw compromising the one state of california. how is that going? >> it is great. california needs this kind of a push. california is ungovernable as it is. one group is trying to manage all of the agrarian people and the central valley and the military groups down in l.a. and hollywood, and up north the people in jefferson are trying

to pull out not just from the state, but from the country. this is a great opportunity to create six new states that will then compete with each other for counties. and it will allow all of us to have a refresh in government. that refreshes something that is desperately needed in a state where we have the highest cost for the worst service. ashley: northern california has always wanted to split off from southern california anyway. they figure they can make some money on water. not a lot of love lost from various regions of california, so it kind of makes sense. >> it feels good. people at first are saying don't break up california, and then they say we're starting six new states? this is interesting, this is fun. and so there is some real creativity that comes with it. lori: i this it is his silicon

valley to keep their own wealth in their own town. >> it is the poorest states in this new breakup that are the ones who wants to break up the most. central valley and jefferson really want to break up the most. they say this isn't working for us, they're taxing us for things we don't get, why are we here? why did these guys decide where my water goes, it is really an interesting time, and i think it is time for changes. ashley: tim, thank you very much. that is you, you are the black sheep. lori: thank you. looking to be passed to invest in the, the world's greatest car correction option. in scottsdale with the event. adam. adam: it is great to see you. $500,000 he may be able to pick up this. minimum what they will sell for.

last night quite a bit of action here. prices up 8%. they sold $3.8 million worth of cars. 149 cars, spare off a great start. one of the cars that sold last night. 1971 volvo. 90 of how you can get into this collector car industry, this car has gone up in value over the last couple of years. one sold recently $18,000, last night this 1971 volvo sold for $25,000. she can get into it, you don't need 500 grand, you can get in for 20, $25,000. coming up today, more auction. we will carry it live at 9:00 p.m. eastern, but later on this hour i will show you one of the hottest collector cars growing dramatically in value. it is a mercedes. they are going up tremendously in value. back to you. lori: gorgeous.

and the cars are not too bad either be at ashley: looks like he's on a set of "the great gatsby," doesn't he? more spying allegations for the nsa. the agency is using radio waves to monitor off-line computers across the globe. lori: and buying a tesla on a toyota camry budget? $35,000 car. ashley: federal judge throwing a flag on the nfl rejecting a motion to settle a class-action suit against it, it could wind up costing them millions more. we will be right back.

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no reason not to try it. 100% invisible hearing is wonderful. finding one that works 24/7 with no daily hassle is just too good to pass up. so call now and ask about your risk free 30 day trial. get a lyric in your life. ashley: the nfl hitting a roadblock in his proposed $760 million settlement over concussions. a judge denying that deal say it cannot be enough to cover all of the claims. joining us now, legal analyst of fox sports one. it is a complex issue, no doubt about this. the judge saying she doesn't feel comfortable with the amount

of money. 760 million overall, which 675 million would be part of the monetary reform fund. word to players have suffered brain damage as a result of the playing years. it does seem a little low to me. how many are we talking about here? >> nobody knows for sure. but there are thousand retirees. let's assume only 10% of them have these injuries, 2000 people. you look at the payments they are supposed to get, if you're one of these people, 1.5 million, 5 million per person. so if you just assume the lowest amount, 1.5 million you assume 10% of the guys are going to get those payments, that gets you to 3 billion, four times the amount in the fund, it is not nearly big enough if you use that kind of math. ashley: the obvious he this was enough or they would not have presented it in the first place. >> yes, in theory that is

correct. but worry about the reality of class-action skid ashley: didn't they have the actuaries pointing out that it would work? >> they said they did, but i didn't get that information to the judge. said you want me to prove this, give me the actuarial information. it will be very embarrassing if that information doesn't add up. ashley: how could they get it that wrong? it is in their interest to get more money. >> for a small look at the class of lawyers. you will get a fee for your work. the nfl comes to you, they say we will only give you this amount. if you want marketing to fight for it. the attorney says we have to keep fighting and it may not even get what they want, let's take our fee now at this level. ashley: an adversarial position here, isn't it? i thought the nfl agreed. >> have agreed now, but you, to

make a deal, there's no more adversarial this between the lawyers and the main plaintiffs, but what she is worried about is the people who were not there. the retirees who have not retained these but will be a part of the class. she is protecting them, exactly what she should do, basically from what i can tell is a good thing. ashley: there are those players as they would much rather have it sooner than later. >> those of the people who already have diagnosis. she is protecting all of the guys who don't know yet they have brain injuries and get a diagnosis in the future. this will last 65 years, this fund, in theory be at i understand what you're saying, but she has to think of everybody. ashley: radically it is complex, financially it is complex.

the most devastating get the largest award, but as you say, we don't know how this progress, what causes them. it is a very gray area. >> there is parkinson's lou gehrig disease. a lot of publicity about these drain problems you are discovering after players are dead. you can't discover until they are dead. they are part of the class as well. she is worried about them. ashley:'s what happens? >> my prediction? they will come with the actuary information. the question is how convincing as it. if it really is convincing, she will approve it. i have a concern at it won't that convincing. right now she is temporarily rejecting it. either the discussion and the nfl gives more money or you go back to litigation. ashley: interesting stuff.

thank you for being here, appreciate it. lori: nicole is o on the floor f the new york stock exchange, and you are looking at auto stocks. nicole: auto stocks indeed. tesla came out with the recent sales numbers which surpassed their own guidance bid up 2.8%, up 375% in the last year or so and continues to do well. one of which is an suv, after that a cheaper car, so that may be good. general motors announced they will pay to $0.30 dividend, that is a big deal. the ceo now will be stepping down one of his last moves. 39.49. back to you. lori: thank you as always. ashley: the nsa respondent reports the software with nearly 100,000 computers use radio

waves to conduct surveillance whether or not the user is actually connected to the internet. a spokesperson responding nsa activities are focused specifically deployed against and only against valid for intelligence targets in response to intelligence requirements. ashley: i am a u.s. citizen proudly carrying my passport. another blow to new jersey and its governor, chris christie. the new trouble after the fallout. lori: metlife stadium full-blown prep for the super bowl a little more than two weeks away. we will take you inside. ashley: turns out girls don't give a hoot about princesses anymore. we will say more next.

>> at 24 minutes past the hour, this is your fox news minute. police in san jose, california, asking the public's help after homeowner captured a suspected arsonisarsonists on a security .

you can see him setting fire on the porch of this house while the family is sleeping inside. luckily nobody was injured. colorado addressing some unforeseen problems with the new lawmaking recreational pot illegal. under the law, you can smoke marijuana outdoors and even in airport parking lots, but that doesn't mean federal rules will let you use it in the airport. colorado is putting up amnesty boxes for people who forgot they can get rid of the drugs and avoid a fine. bad news for the new jersey gambling industry. atlantic city casino revenue falling below $3 billion last year, that is the first time in 22 years. increased competition in the northeast is largely to blame. marking a seventh straight year of decreased gambling revenue for atlantic city. those are your headlines. get you back to ashley and lori. lori: have to get those revenues backup.

a check on commodities, crude oil soaring after u.s. inventories plummeted to their lowest level in about two years. reporting supplies fell by nearly 8 million barrels, and was expected a drop of less than 1 million. the largest supply drop came to the gulf region inventories fell for seven straight week as imports hit a six year low. ashley: it is that time to make just a little bit of money. lori: a lot of money. ashley: a charles payne with a turnaround play on medical appliances. charles: you remember when boston scientific was a hot stock? i have always loved this story. two guys who met each other at a kid's soccer game. like two completely different guys in both want the same thing but two different dynamic personalities. they start this company. it does very well. one leaves and the other guy goes nuts. they go on this mad acquisition spree taking over 16 companies in a couple of years. but the stock took off. it started to drift so they said let's do it again. that is when they made a huge

mistake an and 2005. remember the lawsuits and of the lawsuits. this stock completely crashed, it has been a dead stock until very recently. i think they have finally turned it around, a great array of products but are doing some fascinating things. with asthma and hypertension and other areas. the stock has broken out, volume is attractive. i think this is one worth chasing here. i think there is some of an impact, but it is sort of limited to some of the other things they have going on. the cash flow has been very strong. the next five years the company should have solid growth as opposed to the last five years where it was completely dead, completely written off. looking for something that i'd know at one point was really a solid, wall street loved it.

lori: good to hear from the company. charles: you talked the guy next to you, you never know. lori: stick around and listen to this one. move over pretty pretty princesses. the owls are moving on in. the latest trend is the owls things to harry potter and winnie the pooh. they are all the rage. the owls reputation for being studious and wise appeals to parents and grandparents which is a reason for its frequent appearances, plus works well for boys and girls. gender-neutral is the phrase. ashley: very cool. lori: and they are nocturnal. this will be a flash in the pan fad. ashley: congress demanding

answers of the target hacks and now pouring in all the credit card data practicee. lori: so far the attacks were only in the store, so is shopping online giving you better security? we will ask the ceo as he joins us next on holiday sales and its ipo opening. ♪ so ally bank really has no hidden fees on savings accounts? that's right, no hidd fees. it's just that i'm worried about, you know, "hidden things." ok, why's that? well uhhh... surprise!!! um... well, it's true. at ally there are no hidden fees.

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ashley: it is time for stocks now as we do every 15 minutes. let's head back to the floor of the new york stock exchange where our very own nicole petallides standing by where we are in rally mode i guess. >> we are in rally mode but i have a stock here, teen retailer and you know how fickle the

teens are. this is not too far off its annual low. what is interesting when you look at 10-year chart, aeropostale has been struggling since way back in 2004 but what is interesting, it got a pop earlier today on a thought it might be working with private equity firms to be bought out and then there has been reports since then any deal would be very prolonged and would not be a quick move. then we saw the stock move into negative territory and virtually flat. that 10-year chart tells you this has been a struggling stock. back to you ashley: certainly has. nicole, thank you so much. to another retailer now. target feeling the heat over the data breach and not just from congress. more than a dozen lawsuits have already been filed against the retailer by customers whose personal data was compromised in the breach. class-action status.ing they say target was warned back in 2007 about weakness in point

of sale systems by a security expert. the news not rattling target shares. moving a little lower. lori: way fare.com has become the name in online home goods retail. way fare racking up $900 million in sales. that is huge jump from 600 million the year before. we have the new ceo of way fare. pleased to welcome to talk about the company's success and more in the future. nice to have you with us here today. let's wrap up the holidays. you had a chance to catch your breath. how did you do? better or worse than the national picture you would say? >> better than the national picture. we grew over 50% during the holidays. cyber monday was over

$9 million. we had a great holiday season that worked out very well. lori: for our viewers way fair is in $100 billion club. >> yes. lori: you have zoo lilly and amazon.com which is really the giant. >> absolutely. lori: do you look amazon as a direct competitor? >> amazon carry as broad assortment of products you look at them as a competitor. we just focus on home. amazon's things is in electronics and consumables and other categories that is not what we do. >> i see. you focus on product, furniture, home gym equipment. >> yes. lori: which is really small percentage of what people are spending online, 5% of the total expenditures in home goods are made online. >> that is exactly right. the home goods market is quite large, $200 billion in the u.s. alone but only 5% is online, $10 billion. we're lucky to have billion dollars of that, 10% but the market is growing at 18% and

we're growing at a rate much faster so we're taking more and more share. lori: when you're delivering, obviously this was a big story during the holidays,-ups, fedex, dropping the ball on a lot of promised delivery dates. when you deliver furniture goods, those are large items. how do you manage that? >> one of the things we've done for larger items we built our own delivery network. that has made a big difference for customers, easy, damage-free. that is very complicated piece of our business. for smaller items we do use ups and fedex. we have a lot of items we can actually deliver in two days. >> the other story we heard latest from target and neiman marcus. data breach of other retailers that have not been announced. can you guaranty better security for people punching in their credit card numbers. >> what is usually fears of credit card theft are online this. was store-based retailer, target, had a problem.

lori: yeah. >> the online is much safer because the technology is controlled in one location versus spread out into all the stores. the truth is whether you're store-based or not store-based, the companies are safest that put energy in technology solutions. lori: you raced a lot of boatload of money. lot of buzz for wayfair.com. are have you hired bankers yet? >> we have not hired bankers. we see publicly-traded in the future. that is something we do when the time is right. lori: can you give me what will characterize the right time? >> we're really focused on the long-term potential of the business. the market is so large we've been fortunate to get to a leadership position. we're growing at such a fast rate. there are benefits to being publicly i had traded. what i will say we think benefits are outweighing cons as we look at it more and more as days go buy. lori: 50% growth. you can't beat that in this climate. thanks for being with us and we look forward to future discussions. >> thanks, lori.

ashley: here's a question, is the worst behind jpmorgan? i'm sure they would like to know as well after a brutal 2013. charlie gasparino is here with the lingering investigations and risks for this year. prepping for the super bowl. security measures in place to protect players and fans. we'll take you to metlife stadium live next. ♪ ♪ ♪ [ male announcer ] you're watching one of the biggest financial services cpanies in the country at work. hey. thanks for coming over. hey. [ male annouer ] how did it come to be? yours? ah. not anymore. it's a very short story. come on . [ male announcer ] by meeting you more than halfway. it's how edward jones makesense of investing.

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>> i'm jo ling kent with your fox business brief. a federal jury found medtronic will fully infringed on a patent for the upcoming aortic valve replacement and awarded life sciences $295 million in damages. medtronic says it will appeal the verdict and expects regulatory approval of the core val system by end of fiscal year. president obama will have a woman to lead the small business administration. she came from the u.s. to mexico at age 5. she is chair of pro-america community bank. if confirmed, her selection will complete the president's second term cabinet. india will build the world's largest solar power plant. of the plant will be in a northwestern state which has more than 300 sunny days in a year. that is the latest from the fox business network, giving you the power to prosper.

lori: issjpmorgan ceo jamie dimon breathing a sigh relief, 2013, the year of never-ending legal expenses is over? charlie gasparino talking to folks close with the bank. hey, charlie. >> i can just tell you this. this is the spin they're portraying at jpmorgan. i will say one thing about jamie, he is usually pretty down-to-earth and honest guy. all the ceos have to sell a product. in his case it's a stock the stock has done pretty good. by the way after their somewhat disappointing earnings the stock came back yesterday. but this is what he is telling investors and analysts out there and why the stock recovered yesterday. number one, there are basically two real outstanding probes left. after a horrible 2013. libor scandal, interbank offer

rate scandal where they somehow ma in nip lated that key index. they're one of the banks involved. china hiring practices whether they somehow hired connected chinese children. ashley: not a big deal. >> i don't think so. lori: get to the outrageous part about that. >> i don't think so but are main things jamie dimon is stressing out there. they think the headline risk essentially will abate big-time that we're in 2014. you will see headline risks from other banks. jpmorgan will benefit from that. we should point out jpmorgan is no longer themost profi bank anymor this yeae wellsgo top jpmorgaopping20 billion le finish, jpmorgan is 18 billion sorry. lori,t's okay. liying th to my kids al tme. jpmor jpmorgan a beater but still down from prior

quarter last year, weakness in mortgage business on both banks. >> right. lori: talk about headline risk > oflem.ements but that is behind them. i don't know what wells's exposure. i don't think as much as jpmorgan. lori: mortgage demand, where is that? >> the bottom line is this, economy doesn't improve more, not a lot of people wanting to buy houses. we should go to another story which is fascinate, interns having to sleep on toilets. lori: not having to. ashley: not at fox. jpmorgan. >>. well -- lori: clarify that. >> everybody is saying that, you know, made a big thing out of it, barclays in china or somewhere overseas but from what we understand goldman sachs interns slept on toilets due to work requirements there, as they were carrying out -- i have nothing to do with that banner. my producer did it. lori: we embrace it. >> we should point out as they

were doing god's work for lloyd blankfein these poor interns were forced to sleep on toilets of goldman sachs. ashley: they just fall asleep? no one was forced to sleep there. >> they may have very nice toilets at goldman sachs. i remember john thain spent 30,000 -- lori: on his own personal. >> $30,000 on his and was fired not long after it was disclosed. i don't think each toilet at goldman sachs costs $30,000. we have covered here through the fox business network into the extensive network of sources -- ashley: go into the toilet. >> investigate telephoned reporting. that goldman sachs interns are forced to sleep on toilets. lori: there is no way that they are forced. maybe they fall asleep after -- ashley: forced because they're doing long hours. trying to get ahead and show -- i get that. >> i can't imagine lloyd blankfein and gary cohn, number one and number two guys at

goldman sachs are doing that's kind of hours. ashley: maybe when they interned. >> may be a right of passion. ashley: may be. >> mob you prick your finger and let little card burn in your hand and you know, goldman sachs -- >> mission? >> you have to sleep on the toilet. lori: i have not lived. ashley: great joke in there somewhere, isn't there? lori: rescued by the breaking news. ashley: charlie, thank you so much. leaving on a high point as always. thank you. lori: twitter is actually down, the service itself. no word what is happening exactly. we want to bring you, yesterday there was a story that goldman upgraded shares of the stock. >> laughing at that. lori: look at the reaction of shares, up another 3% today. that is the screen on twitter. >> they're up. lori: what will you do without twitter? you're a fanatic twitterer. >> are they up or down? what is the story. lori: the service is down. >> i thought you said the stock is down. lori: the stock is up, the service is down.

now is your time to make an exit. ashley: charlie, one tweet too many. >> confused the whole world. ashley: shouting at us. as we do every 15 minutes let's check the markets. jonathan corpina, get us out of this, meridian equity partners on the floor of the new york stock exchange. another banner day, jonathan. forget the start of the year. where is all this enthusiasm coming from. >> you know it is great to see the market reacting the way it has. we had the down day on monday. that could have been really good sign for trouble if there was follow-through there. what is it showing me from activity today and today, that the market has the strength, that it had behind it in 2013 and it is continuing now. earnings season still very early. just a few financial companies we've heard from. can't really hang our hat on how that will affect overall earn season. economic data, earnings and no negative headlines have really helped this market continue the momentum that we've seen in the past. ashley: getting back to fundamentals. how about that, jonathan

corpina, thanks so much. >> thank you, sir. lori: well the biggest sporting event of the year right around the corner, super bowl xlviii only a few weeks away. this year it is in our backyard. ashley: it is. fox's rick leventhal live from metlife stadium in east rutherford, new jersey, where they're of course prepping for the big day. rick? >> ashley, lori there is news conference going on by federal and local law enforcement agencies who will be handling security for this year's game. the news conference is lead by the new jersey state police which is lead agency and well-qualified to handle security for the super bowl. metlife is only stadium that hosts a nfl game every weekend because the jets and giants split home games. new jersey state police have been securing those home games for 30 years. this is major event and huge undertaking and drilling for it and training for it for several years ever since new york was awarded this year's super bowl that includes s.w.a.t. teams training on land, air and sea

because there is water near the stadium and train for likelihood or scenario. they have been doing that they tell us verying a gross sieve. they're visiting other super bowls to learn from their efforts there. we learned that from the colonel of the new jersey state police, rick fuentes a short time ago. >> we looked very closely at super bowls. for selfish reasons we stole everything that has gone right but with an eye looking on exactly towards what we can improve upon. >> if you're lucky enough to attend this year's super bowl and haven't been able to attend a game this year there is long list of items you can not bring. alcohol, banners, beverages, beach balls, food, footballs, fireworks, frisbees, umbrellas, weapons, knives and explosives which may seem obvious. there is very tight security as you might imagine. fbi is among agencies taking a lead role here. fbi says it will have tactical

teams on standby. it will watch 24 hours a day for a week leading up to the super bowl for any possible terror thefts, guys. lori: sad you have to have such extreme precaution. thank you, rick leventhal. tune into fox on sunday february 2nd for super bowl xlviii. coverage begins at 2:00 p.m. with a special pregame show before the big game. ashley: may be a little chilly on that day. we'll see. that was fast. twitter website is up and working. not sure what took it down momentarily littlely. charlie gasparino left the set and working. 2013's most rotten tomato. ahead the movie leading the charge with the most razzie nominations. lori: we're back at the barrett-jackson auto show in scottsdale with how much one of those will set you back. ♪ ♪

♪ ♪ ♪ [ tires screech ] ewley's finds itself in a sticky situation today after recalling its new gum. [ male announcer ] stick it to the market bere you get stuck. get the most extensive charting wherever you are with the mobile trader app from td ameritrade. is your tv powered by coal? natural gas? nuclear? or renewables like solar... and wind? let's find out. this is where america's electricity comes from. a diversity of energy sources helps ensure the electricity we need is reliable. take the energy quiz. energy lives here.

ashley: for get the oscars. the razzie awards announced nominations for worst movies of 2013 and winners are, leading pack, adam sandler's comedy, "grownups 2". it got eight nominations including worst picture and actor. will smith ace sci-fi flick, after earth. comes in with impressive six nominations. winners will be seen on march 1st. that was the funniest moment right there, with the guys. you have seen the movie. lori: okay. with 150 cars sold on first day of barrett-jackson auto auction, total sales are $4 million. of back to adam shapiro covering action for us. adam?

>> if you're looking for an investment in the auto collecting industry, consider mercedes 190 from 1955 to 1963. we have mark hyman from limited collector cars out of st. louis. you're selling this 190. why are they going up in value so much? >> adam, thank you. the collector car market is very, very strong. mercedes 300 sls ratcheted up in value. they start at a million dollars and go to maybe two million dollars. as a result the 190 sls have come up to follow them. a couple of years ago, a 190 sl could be bought for 40 to $60,000 now. >> okay. >> now they're selling for 150 to 250 and there's a lost demand. >> sounds good. i have to wrap-up. we'll have more to talk about throughout the day at the barrett-jackson scottsdale auction. back to you. lori: let me tell everybody what is coming up with you, adam. thanks for that. catch full coverage of the

barrett-jackson auction tonight on fox business, 9:00 p.m. eastern. ashley: great stuff. you start watching it, before you know it half an hour is gone. you get hooked in. any way, speaking of cars, should general motors pay the taxpayer bailout before paying dividends to stock hold officers your tweets. our panel debates as tracy byrnes joins me for the next hard-driving hour of "markets now." stick around.

tracy: good afternoon, i'm tracy byrnes. ashley: and i'm ashley webster. the nsa defending a newly uncovered program that spies on computers by using radio transmitters planted without the user's knowledge. we investigate next. tracy: retailers are tracking your cell phone as you make your way around the mall. our guest ahead on the newest craze in target marketing but isn't a big ol' invasion of privacy? ashley: a lot of snooping going

on. the concussion looks like it will cost nfl big bucks after the judge rejects a plan to pay brain-injured payers. tracy: general motors pay as dividend for the first time in five years but should taxpayers be paid back first? ashley: peter barnes has the new beige book. >> it says economic activity continued to expand across most regions and inspectors with nine of the 12 federal reserve bank districts indicating that their economies, their local economies were expanding at a moderate pace and two other districts reported modest growth while one district, kansas city, reported its economic activity held steady. that sounds similar to the language of the last beige book for the fed meeting back in december and that's when it voted to start tapering its quantitative easing bond purchases as you recall. this beige book covers the holiday shopping season,

economic activity from late november to the end of december, for the fed meeting at the end of this month. the report says, quote, most districts reported that retail spending was up with activity described as, modestly to moderately higher and who sales on plan or up a bait compared with 2012 but the fed is watching the job market most closely and on jobs the report says, quote, 2/3 of the fed's districts noted increases in hiring. president obama is keeping his eye on the economy too. in the last hour he announced a new manufacturing innovation institute in raleigh, north carolina, the first of three he plans with $200 million in federal funding. >> i don't want the next big job-creating discovery, the research and technology, to be in germany or china or japan. i want it to be right here in the united states of america. >> the president said in that speech that germany has already got about the 60 of these

manufacturing innovation hubs. he has asked congress for funding for up to 45 of them. everybody is watching jobs and economy, guys. the fed and president and congress. back to you. ashley: they are indeed but perhaps some positive news from the beige book i guess of the at least it is not going to hurt things on the markets i don't think. peter, thank you very much. let's get a check what is going on down on wall street. nicole petallides on the floor of the new york stock exchange. nicole, we're certainly building on yesterday's gains, sending s&p into record territory. >> absolutely. all-time highs for the s&p 500 today. you may have not imagined because we had a rough start to 2014, back and forth action but it has moved into positive territory and set a record of 1854 today. right now at 1845. the dow jones industrial is up more than half a percent. so has the nasdaq. the nasdaq set a record of its own. yesterday turned things around. we got retail sales numbers,

technology, helped us along. empire manufacturing, that was good news and producer prices rose in september and that helped us move along, right? what happened to the loss on monday, 180 points to the downside? watch banker earnings as we get in this week, jpmorgan, wells fargo. bank of america new high. 2 1/2% to the upside. jpmorgan and wells fargo reported about the better-than-expected earnings this week as well. banks, we knew they would be in focus and one con till to watch. up 2 1/2% for bank of america. back to you. tracy: thanks, nicole. we certainly are watching banks. the nsa responding to a shocking new report that alleges that the agency using ecret technology to spy on nearly 100,000 computers worldwide. that can create a digital highway for launching cyber attacks even if the computers are off line. joining from us washington, global security attorney brian fitch. also a foxnews.com contributor.

brian, thanks for being with us. part of me wants to say, aren't we supposed to do this to people who are really, really bad to us? >> that's where i am. you know, i don't think this should be a surprise to anybody that the nsa is spying on people outside of the united states and trying to get information out of whoever they can. frankly it is their job to do so. i would be a little bit more concerned if they didn't have capabilities like this because there would be significant gaps in our intelligence capabilities. so i'm not sure that people are, should be that upset about it. if this were being used domestically in an illegal fashion, yes, it would be of concern but when we're talking about nsa fulfilling its core mission, this is their job. tracy: i guess that is where the fine line is, people worry it is going to cross over and you will start watching me at home, looking up dresses to wear on saturday night. talk about what people are doing, what the nsa is doing to these computers. this is via radio waves.

strictly to peoplepeople they suspect, suspect doing bad things to the united states. >> right. yes, from what i read, which is also, what we're talking about here, the articles indicate that the nsa will plant components that have the ability to transmit radio waves out. even if a computer is unconnected to the internet, that there is an ability to send command to that computer or gather information out of that computer and then send it to a little bit of a small transmitter within within few miles from the location of the system. and then transmitted back to nsa headquarters. this is surreptitious way of gathering information and inserting information. it's been going on forever. right around the corner here in washington, d.c. there is the international spy museum, which is basically a history of these ties of devices. >> again, supposedly only to foreign valid targets but we've been hearing so much about this lately people are kind of edge about it. angela merkel's phone is tapped. snowden coming out in his little

tell- happening people are on edge. how do we know this isn't growing to cross over and they will start tapping all of us? >> i mean this is something sometimes you have to show a little bit of faith in government or you have to push government to have more transparent oversight at the end of the day. there are lots of things that the u.s. government has at its disposal can do bad things. especially if the military decide to use tanks on civilians in law enforcement role? that wouldn't be positive. same thing here with the national security agency. they are, they have tools in their tool kit to go after bad people and you have to, you have to work to make sure there are stringent oversight, whether it is from congress or internal, executive branch, policies and procedures and personnel who are making sure these technologies don't go out the window and don't, aren't abused by individuals. tracy: so the global security attorney, what they're doing doesn't bother you and individuals at home should not be entirely concerned about

this. >> you know, it is one of those things again, it is the core mission of the nsa. it is sort of like if you're watching television and see the san francisco coach go apoplectic over penalty and watching howard stern and gary does something wrong, blows up, this is what you expect. they are doing these kind of things. if they are abusing authority you would hope they're something in, some oversight authority out there who will actually take care of it. it is kind of like with the iphone break-in talking about how the nsa had the ability to break into iphones, that's great. i didn't want usama bin laden lining up at a karachi apple store getting iphone 5 knowing the nsa couldn't break into it. this is their job and glad they're doing these kind of things and make sure there is proper oversight and they're not abusing it. tracy: brian, goo to listen to

imus i guess. thanks, sir. ashley: good reference. turns out you're tracked also at the mall. coming up new details about a program that allows retailers to monitor buying habits and what stores you shop at, tracy. tracy: fcc takes a bite out of apple. we'll tell you how the company changes its way it sells products to children. ashley: should general motors pay the back the taxpayer bailout before it starts paying dividends to stockholders? a panel debate. first as we do at this time of day, look how oil is trading. it is up today as you can see by about $1.80 at 94.39 this as crude inventories posted their steepest drop in more than a month last week. we'll be right back. mine was earned orbiti the moon in 1971.

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that began much the same way ours did in a little dorm room -- 2713. ♪ is magic moment ♪ ashley: welcome gift from general motors new ceo. the first dividend in five years, but, should gm pay back its taxpayer bailout of some $10 billion first before paying dividend to stockholders? interesting story. let's take that to our very own

elizabeth macdonald and charles payne who join to us debate this let me begin with charles, should the taxpayer get their money back best shareholders? >> this is awkward one because when they were bailed out the united states government took stock in return. ashley: yep. >> and united staaes government decided to sell that stock. so, at the end of the day it is administration who probably, the company would say, listen, they held on to the stock. you might have broken even a year from now, two years from now, whenever. i didn't like the way the thing smelled from very beginning. i didn't like the structure. didn't like the what happened to the bondholders or couldn't get debtor financing. all that i disagreed with. the company's point of view they don't have any guilt. i see where they're coming from even though it smelled like a bad deal from the beginning. >> it is interesting, they're paying a dividend to investors to own the stock but not paying taxpayers the 10 1/2 billion, right? ashley: right. >> charles is right. i don't know when it was not

structured as a loan. taxpayer bailout to gm. akerson said this they rolled the dice. they took equity. question is looked politically bad to give gm a loan when it was in such distress. it was a vote of kids to take equity stake at expense of taxpayers out $10 billion. the yield is 3%. do you want to buy gm? i don't know. 27 billion cash on the balance sheet. here is the striking point on the 10 billion taxpayers is not getting back. almost same amount gm is paying to expand in china for jobs in 2016. tracy: isn't it six in one, half dozen others? whether you call it a loan or not, taxpayers are still on the hook here. call it what you want to call it, giving dividend to shareholders screwing us at end of day. >> they will not pay back the money, 10 1/2 billion. tracy: lesson learned in contracts going forward. let's put all the stuff in

writing. jamie dimon will probably say, i don't have to help you ever again, like big bold letters. >> or not say all the bailouts worked. the narrative crafted over past couple years, hey, these bailouts work. i get so afraid when i hear that. i feel like setting us up for round two. >> to that point, charles. this is important. the taxpayers were sold on the car bailout hey, if we don't bail them out it will cost the country jobs, it will cut economic growth but hey, by the way you will lose money taxpayers in the process. didn't hear that point, right. ashley: you have a good point, lizzie. people who are supporting it, you spared 1.2 million jobs. you preserved $39 billion in personal and social insurance tax collections. so it may be swings and round-abouts but ultimately the taxpayer loses the money but economy as a whole benefits and therefore the taxpayers benefit? >> because i, full disclosure, i used to write about general motors back when i was

at "the wall street journal." effective tax rate of 3%, that was effect tim tax rate, corporate gm was paying for years. ashley: wow. >> they have been a net destroyer of shareholder capital back to the '80s this company has not been so greatly managed, managed in such a great way that they have been making money for shareholders. lo and behold this bailout, yeah, i don't know how many jobs we say they could save. dealerships would have been hit, auto parts guys would have been hit but do you restructure the company, we will have the debate, let it go through managed bankruptcy. >> the dirty little secret is, general motors is not, to the u.s. auto industry that it once was. we have tremendous, thriving auto industry, particularly south of the mason-dixon. tracy: right. >> the auto industry would not imploded. sell it on patriotic aspect. almost everything been sold as economic emergency, whether numbers didn't come out something along the fairness doctrine and mishmash of both.

>> you're saying we gone to hello if we let gm go. >> i don't think we would have. >> maybe other auto companies took over the assets. >> lit the key market -- >> toyota is building lexus plants in kentucky. they would have beat gm by -- tracy: they're all down there. >> that's what i'm saying. so the notion that the auto industry in america would have crashed is not true. the notion that the, notion that nostalgic american icon might have gone out of business, that has a obviously was more of a threat. ashley: cost taxpayers 10 1/2 billion to hang on to it. >> ticks off a lot of people to this day will not touch a gm product. >> not even cadillac? it is kind of hot the cadillac. ashley: we're out of time. we've leave it on that. emac, thanks very much. good stuff. >> sure. tracy: it is a quarter past. we have to get a check on the markets. nicole petallides on the floor of the exchange watching apple. >> indeed i am. look at apple is name we follow

for some reasons. of course we have the china mobile deal and that will start on friday. but another story here pertaining to apple is that they have to provide full consumer refund of over $32 million. this is to settle an ftc complaint a charge for kids in app purchases without parental consent. ftc care chairwoman saying that you can't charge consumers charges they didn't ask for and says it's a victory for consumers. up 11 1/2 bucks. back to you. tracy: nicole, we'll see you in a bit. why wall street cares about net neutrality. verizon a big winner and netflix a big loser after as a court strikes down fcc regulations. we'll have more coming up. ashley: the world's greatest car auction with more very cool machines. some real doozies there. got some money? not a bad way to spend it.

how is the dollar moving right now? speaking of money, here's a clue. all of these currencies moving lower against the dollar. the dollar stronger today. all of them moving down including the euro and u.k. pound, down 1.63. still down a little bit. we'll be right back. [ chilen yelling ] [ telephone rings ] [ shirley ] edwa jones. this is shirley eaking. how may i help you? oh hey, neill, how areou? how was the trip? [ male announcer ] with nearly 7 million investors... [ shirle] he's right here. hold on one sec. [ malennouncer ] ...you'd expect us to have a highly skilled call center. kevin, neill holley's on line one. ok, great. [ male announcer ] and we do. it's how edward jones makes sense of investing. ♪

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>> at 21 minutes past the hour i'm arthel neville with your fox news minute. another bombshell report on the 2012 terror attacks on the u.s. consulate in benghazi, libya. the senate intelligence committee disputing what the obama administration told americans after that incident. the report find that the u.s. should have anticipated and prepared for an attack. benghazi was underresourced, no u.s. military forces were in position to help the victims, and the libyan guards did nothing. violence in iraq isn't letting up. more bomb blasts today in baghdad and in a village north of the capitol city, killing at least 44 people. prime minister nouriel al-maliki seeking the world's help from threats of al qaeda militants. today is the fifth anniversary of the miracle on the hudson. hero captain "sully" sullenberger make a successful

emergency landing into the hudson river. us airways flight 1549 crash-landed in the fridge get waters with no fatalities. those are the headlines. back to, tracy. tracy: arthel, i can not believe it is five years. >> hard to believe. tracy: crazy, crazy. all because of a bunch of birds. thank you, girl. car lovers wheeling and dealing at barrett-jackson scottsdale auction. with one day in the books, auction sales hit almost already $4 million. adam shapiro is live with more from the event. hey, adam. >> hey, tracy. this car here is a '54 plymouth concept the belmont. to tell us about this car and others coming up, craig jackson ceo of barrett jackson. this car is really rare. only one in the world. >> only one. we sell a lot of concept cars. having one of one means this is it. >> so this car, any idea what it

is worth? how do you value something that is just one-off? >> we go off comparables. we sold other one-off plymouth, chrysler concept cars around a million 1/2 dollars. it could bring more because it is one of the most beautiful ones they have ever we sold general motors concept cars north of $3 million. so it is somewhere in between. >> talk about this bad ass corvette. l88. only made 20 in 1967. one of them recently sold $3 million. this is the star of the show, isn't it? >> it is only red-red ld88. they made 20 of these in 1967. what is great about this car, only one of the 20 cars that got award of excellence. which means it is perfect. >> duntof was instrumental in the corvette project from the '50s through its evolution. talk about the other cars. show some of the other cars in the salon collection.

>> a beautiful french della hay. we love the french cars. i restored a lot of these cars and ha is what my dad collected. i have had a lot of these in our family over the years. in barrett-jackson in our salon, these are our blue chip cars, investment grade vehicles. all of these cars are very rare. have great previous nance to them. -- provenance. supercharged duisenberg and tall lot lago and alfa romeo down on the end. >> amazing cars. i want to talk about this corvette, general motors when this rolled off the assembly line in 1967 lied a bit about the horsepower. why did they do that. >> two reasons. for insurance reasons they underrated it also because they weren't supposed to be racing and they wanted to go racing.

the l-88 competed in le mans. it was competent set tiff with bob bon dust. rant driving car. they had the fever of going back out there and competing. so they had to build a car to do it. >> this will be a star on saturday, see it on the fox broadcast. as i wrap up, they are off to a great start. auction, 68,000 people. they will have more than 300,000 this entire week. sales as you said, hammer sales, 3.8 million, up 3.8% over last year. thank you, craig. continue to do well this past week. throw it back to you. tracy: thank you very much. we were both saying. we would buy the corvette and put it in the living room. ashley: giant pedestal under a light. tracy: that is stunning. ashley: beautiful car. tracy: all right. you can catch full coverage of the barrett-jackson auction tonight right here on fox business at 9:00 p.m. eastern. ashley: retailers tracking your cell phone as you make your way around the mall.

our guest ahead on the newest craze in target marketing but is it an invasion of privacy? tracy: the n -- court call being foul on nfl's suit for injured players. our next guest says it will cost football big, big dollars. ashley: dennis kneale with a big preview of the of the pregame commercials you will all talk about. we'll be right back. [ female announcer ] who are we?

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tracy: let's look at the dow 30, a lot more green than a rat on the screen, the dow is down 119 points, look at verizon really doing well today, up after a federal court ruled in its favor

on that neutrality, verizon and other internet there is a provider will charge different rates to various content providers allowing them to use price discrimination against video streaming services. i think i hit it. verizon off seven right now. nicole petallides on the floor of the stock exchange, the stock that is taking on that neutrality is what you are looking at. nicole: when you showed verizon i will show you a netflix and this is not news to fox business viewers. we did this yesterday for you and you are actually in the right direction of this trade because it is down 2.5% of this news which broke yesterday the stock continues to trade without a u.s. appeals court tracing down the net neutrality rule. with that we see i netflix is down 2.5%, $50 off of its annual high. we have seen heavy volume in

these trades for netflix which is worth noting. even though it is a great winner, this obviously has hit the stock in the last 24 hours. ashley: thank you very much. a new wave of technology helping retailers track and gain insight into consumers' shopping behavior. code style solutions is at the forefront of this movement using sensors inside stores, the company monitors customer traffic patterns by pinging smart phones connected to wi-fi. sounds very confusing but isn't. turnstile solutions co-founder chris galvin, thank you for joining us from toronto today. what exact information is gathered through a consumer's smart phone? what is it tracking? >> thank you for having me. it is the 12 character unique identifier called a mac address. the most we glean from that is ecstatic number that doesn't change on your phone but in

change personally identifying information. the most we can learn from this mack address is the make or model of your phone the we are not able to learn your name, age, gender or personally identifying information. ashley: would benefit is this to the retailers? >> retailers have employed older technology to learn what we provide, historical ease their foot traffic counters or camera sensors. little different, turnstiles, able to take those inside the little deeper in terms of able to tell retailers how long a customer stays in the store, how long do with a stake, and the aside of the store, to tell retailers this promotion through new customers into your store they had never seen before. there's an added benefit the older methods of being able traffic counting for those obstacles.

ashley: frank to create in the old days, a do not call list for phone solicitation, trying to create one, mac address so people can up doubt. would your thoughts on that? >> know personally identifiable information, we are participating in this global do not track list organized by a privacy advocacy group called the future of privacy. you can go to the bottom and we give you instructions how to opt out. if you opt out through a source other partners that are members of the future of privacy, any historical information we may have captured and any future information we would have captured is totally removed from servers. ashley: could you turn off your wi-fi option on your phone? would that do the same thing? >> that would prevent any future information or any future ping test from being collected but would not remove historical

information. ashley: how is business and tubing and what are your future plans? >> business has been going well, we see a lot of physical retailers having a hard time competing with online retailers. companies like amazon are able to customize each individual home page based on product that you are most interested in shopping, because amazon has a wealth of information about your shopping habit. try to help empower brick and mortar retailers, have the same insights that online commerce has. consumers have been receptive. long-term goals, strongly digitized environment, and and use the technology we were deploying. and envision a future where you go to the store, and in -- you can continue walking through on

your store and sales representatives could find you as you shop, using these technologies we are deploying to help enhance the customer experience. ashley: thank you for joining us today. ashley: breaking news, oil closing up $1.58 a barrel, crude soaring and data showing inventory had their largest seven week drop on record. tracy: we got to talk about the super bowl. budweiser revealing superbowl and plans with if it is not broken don't fix it to dennis kneale has the details. dennis: superbowl 18 days away and that means here come the clydesdales. 3 minutes, 7 spots in the super bowl, one of the biggest, and paying up $4 million per spot for some of them, one spot is going to show a close of aluminum can, a whole new

innovation for those who want to drink beer, stop and drink some more later called to trick for the superbowl, a couple other bud light spots going to do celebrities, they won't say whom and a tribute to the troops is always a popular one. and developed a bond with a puppy, you need a cute puppy in a budweiser commercial. how could $4 million from 30 seconds ever be worth it? not only do we get 100 million viewers for every super bowl the past five years the chart on that someone was nice enough to make up but also we would pay more attention to those ads than any other program. people who don't like football but tune in for the big game spend as much attention on those ads. tracy: the clydesdales hearken back to my youth but the upcoming u.s. tell us about the horses, all about the frito-lay ads. how they did it on line and you can compete again yourself

online. dennis: clydesdales get all little -- instead of irreverence, godaddy.com type of approach. they may not be back. we will figure that out. tracy: q catch all the commercials plus the game on fox? kickoff 6:30 p.m. eastern sunday, february 2nd, my fine home state of new jersey. ashley: things not going the nfl's way, the suit bought by a brain injured players, we have an expert on what the concussion settlement will cost the league some big bucks. tracy: as we do every day look at your 10 and 30 year treasury, 10 year unchanged 2.8%, the dow is moving up 114 points. don't go anywhere. [ male announcer ] e new new york is open.

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ashley: u.s. district court judge throwing a fly on the nfl and rejecting a motion to settle a class-action lawsuit against it. citing concerns that $765 million settlement simply not enough to compensate all the players named in the suit. an attorney in the firm which specializes in bringing juries, he says the judge was absolutely

right to denied that motion and michael joins us now. injuries are very complex. pmi monetary value on it is almost impossible but the judge in this case said this isn't going to come anywhere near covering the potential costs and you say she was right. >> in a prudent decision, narrow decision, but understood the issues that she had to decide. is this enough to compensate the 4,000 players and the 20,000 potential players who have to share in this. those numbers don't add of. and and approve the settlement. tracy: no one is going to think there is enough gifted to these players, these injured people so some much attention brought to

it, that is the good part because we are seeing it now, tracking kid that young age. and get rid of this or figure out a better way to fix this. because right now football is not going anywhere and nor are head injuries. where do we come to get around this? >> i came into this many years ago when i was president of the brain injury association and my concern at that time was the nfl acted as a role model for parents and coaches, and they are moved toing brain injuries and misleading the american public. and the long-term repercussions of the brain injury. this is wrong, this -- ashley: the nfl ignored the warnings when cleared the medical evidence suggested this is debilitating. the nfl ignored it and carried

on, only now facing up to it. >> that is right but not really facing up to it. tracy: no one is facing up to it. kids are tested at a young age that they get concussions and back on the field. >> that is true and they shouldn't be back on the field, this is long repercussions of these concussions and once a child has a concussion they better have a long period of rest and is not going back on the field that concerns me but going back to the classroom. nobody is considering what these children whatthappens when they go back to school, a homework assignment and everything else they have to do all we are focusing our attention now, when is it safe to allow them to return? how many concussions are too many? one concussion is enough because when you enjoy your brain it can affect you for a lifetime. tracy: how many did peyton manning have? ashley: when does a football player acknowledge the game they're playing there's a lot of very violent contact?

>> they have to acknowledge that and i think they do acknowledge that but they have to be given the truth. the correct information. when they are told by the league that it is safe and okay to go back to the plate, they are given false or misleading information that leads them to make poor choices and decisions down a road. tracy: what do you look to get out of the nfl? >> i am looking for a full hearing of these issues, hopefully down a road for this district court judge to say you know what? you will turn a broader lawsuit and make serious allegations of fraud, misleading the public, putting out deceiving information, false medical information, you want to go to court and prove these allegations. you can't walk away from this without discovery, without the position, without a search for the truth, $112 million in your

pocket, not provide money for all the players who have been injured and about the nfl to walk away from all of this because they are getting a bargain at the end of the day by being allowed to walk away. ashley: the players get their day in court. we will see what happens. thanks for joining us. appreciate it. tracy: it is time for stocks. we head to the stock exchange. we are up 120 points. they say how goes january goes the rest of the year. does it mean january is starting to look up? >> that is what it means and i did say that the market was going to have a follow through and by the end of the year get through the first quarter of 2014. expected for now as we move further in the year tapering will come bigger in to play and how will affect the market but enjoy what we have for right now. economic data has been good, earning season still a little too are early but so far we're showing composite returned in

the financial area. a few big names coming out later this week. finally some home numbers tying into the financial sector so this is a good start to the month. ashley: people were about volatility and any time somebody says something like that it scares me, retail investors further away from the market, what do you say to those guys. >> it feel like sectors you are investing in that sector for a long time. paul otellini should be on the radar screen but not as far as carrying you away from the market. two steps forward one step back, you'll take that any way of the week. ashley: wise words. >> always a pleasure. ashley: help wanted. with the jobs market showing signs of improvement, gerri willis is straight ahead with tips on how you can take advantage. tracy: robots talking to each other. crazy. details on that next. take a look at today's winners and losers on nasdaq as we head

to break. the dow was up 122 points, s&p way up there as well. we will be right back. let ♪ [ bell ringing, applause ] five tech stocks with more than a 10%... ♪ all the tech stocks with a market cap... of at least 50 billion... are up on the day. 12 low-volume stocks... breaking into 52-week highs. six upcoming enings plays... that recently gapped up. [ male announcer ] now the world is your trading oor. get real-time market scanning wherever you are with the mobile trader app. from td ameritrade. of the dusty basement at 06 35th street the old dining table at 25th and hoffman. ...and the little room above the strip mall f roble avenue. ♪ this magic momt it is the sto of where every great idea begins. and of those o believed they had the power too more. dell is honored

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ashley: one of five people are planning and changing jobs according to a new study from career builder. if you are one of the gerri willis's user's guide to new year and the new you have tips for how to be successful in the new career. and a sneak peek of what we are talked-about. a lot of people looking for new jobs this year. tracy: a long recession. the job market awful. people are really it -- had to

hang on to those jobs and now they are saying i am dissatisfied. 7% of people dissatisfied with their jobs. they also say there is no room for me to go any higher in the company i am in, no room for growth and what is more, thee work/life thing and not working, there's more work than life, not making some happy. tracy: something to take advantage of. gerri: trying to take the sword from the stone for a long time and you see the sun come up and a lot of people saying do want to new job, i want the new career or life, and the question is how do i get there. and the key these days, not to throw the baby out with the bath water. not saying that want to be a brain surgeon. i don't have the first skill for that but there are skills i could parlay to another job and you can look back at the job you have -- that must have been something you were good at,

something of value you wanted to do. where else could that skill supply? ashley: my father and grandfather's generation, got a good job, stuck it out, stayed with the company, got a gold watch and retired. completely different man escape to this land skid, if you are not jumping job to job continuing to move on there's something wrong with you. gerri: you almost appeared to be lazy. you hit the nail on the head, you need to show initiative. a lot of people think if you change careers, but four year degree, and a lot of things you can do with additional certification, just showing you have the initiative to get some additional training, maybe a local college can give it to you, conferences, we are sitting here probably with the biggest job changer i know. had tripped and fell lot of times. kind of what happens to me.

eyewall many different hats but call me lazy, i am not leaving any more. but it comes across -- gerri: people have to be awake for that. one thing i want to say, resumes, got to put it together, don't put together reason, 80% of come from networking. that is what it is about, getting the circle of friends, bigger and bigger. that is better. ashley: we will be talking about this tonight. gerri: not only me but meghan kelly, the fox start will allow us tonight because she made a cutely from attorney to tv host. this wasn't something she just fell into, she worked at it so we will hear that story. ashley: thank you. do not miss the willis report at 6:00 eastern time right here on

fox business. gerri willis and meghan kelly. tracy: we could talk. coming up on "countdown to the closing bell," changing the rules of the road to. forging new roads in china. you got a charger problem? no problem. a simple software update will set you right. it is overpriced? liz claman will have a bulls/bears debate on that, you cannot afford to miss it at the dow 123 points. don't go anywhere. i'm phyllis and i have diabetic nerve pain.

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apple and china mobile say i do, not just a love affair over the iphone anymore. let's define hi tim cook's legay at apple and will it be a game-changer for repair company? and how could you ever forget this? anheuser-busch ringing back some oldies but goodies for the super bowl ads this year including the clydesdale horses. what is your all-time favorite budweiser ad? "countdown to the closing bell" starts right now. i love the anheuser-busch 9/11 er the tragedy where the horses bowed. unbelievable. we will be talking about that all through the hour. i am liz claman, this is the last hour of trading. the s&p 500 flirting with