there you go. all right. we do have a big show today. we have two governors, both exclusive, florida's rick scott, mississippi's phil bryant, both on huge job pushes right now. ttday's signature wall street throwdown features charlie gasparino and chatwood fund jared levy. that will be great, fighting over whether something smells fishy in the tesla bond deal underwritten by morgan stanley. you might want to get some popcorn for that one. of course there is today's "money talker", the latest round in e-commerce with ebay. -- icahn versus ebay. even when they say it's not it is always about money. melissa: new fed chair janet yellen just wrapping up her testimony best senate banking committee. let's check in with scott shellady on the floor of the cme. one thing in particular caught my attention. she said the economic data, particularly consumer spending had softened since she testified

before the house committee. that was just two weeks ago! things gotten worse in the past two weeks, does that make you nervous, scott? >> you know what? it is not making me nervous because i think i felt this way for two or three months now ever since retailers came in weak over christmas. here is where we sit. we have a fed that will be trying to taper. they're tapering not because the economy can handle it. we're in a soft patch. they will taper because it is failed economic policy. if they stop the taper that send another bad signal and market could tumble pro there, that reads into the fact that the fed sees something worse than we actually think. so we're in a very precarious spot right now. melissa: so what do you think she should do? >> well, this is what i think is pogue to happen. i think we try to put qe out of there to inflate our way out of the problem to get some growth. we didn't buy any growth. melissa: right. >> 2 1/2% gdp, that definitely didn't happen and we definitely didn't get inflation. what the fed will have to do is

i think ultimately we'll have a stimulate but not maybe in the way we've been doing up until now. interest on overnight reserves or some other way because this is not going to be the way to work. i think ultimately you will watch what happened in japan. if we do have the deflation, deflation is the one thing that the fed is really scared about. melissa: meanwhile, against that backdrop, leave the markets board right now, look at s&p 500. it is trading at 1853.59. all-time intraday high, 1858. we're flirting with record territory here. why are we seeing such a move in the s&p if you're painting a precarious picture there? >> i know, it is reverse, right? why do we see 10-year yields rally at the same time? melissa: there you go. >> this is the world we're in. we'll put 10% on stocks by end of the year. maybe even 15% because either stimulate in a different manner, or, the economy does finally catch up and justifies these asset prices where they are. but in either scenario i think we'll add to stocks, just

because i think ultimately it will be stimulus. i don't think, the economy will not catch up. number two, the 10-year is telling me we still have a lot to worry about. that's why it didn't, the 10-year din break when we saw stocks rally last week and early this week. yields are starting to rally and we are in trouble. we need to see bunches of good numbers. boy, oh, boy, this jobs number on this friday, next friday, very important. melissa: nice setup for us, scott, thanks so much. everyone is talking tesla. shares hitting the brink after wild week of gains. they are offering a bond offering to raise 1.$6 billion for the new battery factory. here is the controversy comes in. one of the banks backing the deal, morgan stanley just release ad report with a huge price target raise that sent the stock soaring. is there a conflict of there in there? get ready to rumble in today's wall street throwdown. it is chatwood investments, jared levy, against our very own

charlie gasparino. [whistle] melissa: there you go, charlie. >> did that in my ear? melissa: yes he wanted to do that, get your attention ahead of time to insure it's a fair fight. charlie gasparino, you're one that raised issue. isn't that convenient? >> is it gambling. melissa: from 153 to 320. boom announced next day they're underwriting convert deal. >> one -- melissa: one four. >> hadth so obvious it is not worth debating. anybody says it is not obvious don't know how wall street works. bottom line, somewhere 10 years after we had a major settlement in terms of wall street allegedly cleaning up its sellside reserve, separating, creating alleged or innamous chinese wall, making it more sturdy it is just as broken. this stuff goes on every day. melissa: jared, just called you crazy and don't know how

wall street works. >> one other thing. they just like, you know, say tesla is good company. melissa: no, 153 to 320. that's -- >> they went insane. melissa: jared, are you crazy? >> maybe a little bit. i've been doing this 20 years, right. i think charlie is giving way too much credit to the four analyst that is maybe just graduated from wharton at morgan stanley. they're calling goldman and jpmorgan, guess what, guys. first we'll issue debt and dilute the shares. which normally sends stock lower by the way. >> convertible debt? >> yeah. issue debt or diluting stock. >> why did they increase the price target? melissa: i think they're pumping up a customer is charlie's accusation. >> why are they -- >> wait, listen to me. would you listen to me for a second? melissa: talk. >> you're doubling volume. this gigafactory will double the potential volume. changes the whole case.

if you read the report from morgan stanley they changed their base case. they can't make up numbers. if the numbers suck that bad, they couldn't get 1% yields on their debt. >> he made my debt. melissa: did sort of make the point. >> they're diluting shareholder and saying -- melissa: still raising the price target. >> not raising it. they doubled it. melissa: doubled it. >> this is insane. melissa: you are kind of making his case that even worse bet. >> other thing, they do get on the phone and talk to the bankers and do talk to the company. someone says this is our customer. that all does happen. let the viewer know that out there. melissa: jared? >> yeah. it happens, charlie, but again -- >> thank you, made my point again. >> listen to me. you can not make make up numbers. >> i'm trying, dude. >> there is fair market out there, charlie. >> bear market. >> buy this for $2 million. buy this old ffat from 1974, pay two until because it is worth it. you wouldn't do that because

you've got clients to represent. you've got clients to report to. you can't make up numbers. you're telling me beyond morgan stanley with the biggest retail brokerage network in the world in america, 18,000 brokers, to pump up client? you are saying that? >> i am 100% saying that. >> brooklyn bridge is for sale, dude. >> and jpmorgan -- >> brooklyn bridge is for sale. the brooklyn bridge is for sale. melissa: i hear a whistle. thank you, gentlemen. thanks so much. coming up two positive exclusives. florida's big push to be the new hot spot for the tech industry. governor rick scott tells us how he is successfully bringing jobs down to the sunshine state. later mississippi governor phil bryant on his state's plan to create jobs. is the key, fracking regulations? we'll get inside scoop, more "money" coming up.

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is. melissa: significant economic turn around is underway in florida where private sector job creation is booming. especially in the tech industry. the sunshine state becoming a

hotbed for innovation and businesses are taking notice. moving their operations down south and creating nearly half a million new jobs. since governor rick scott took office in 2010. i spoke to him just a short time ago in a fox business exclusive. thank you so much for coming on the program. >> well, tell me, is it true, did you all go to roger ailes and say, we look to need to move to florida? we like the fact there is no income tax, better weather, close to latin america. melissa: speaking my language. i singing my song, speaking my language. i would love that. we would move to florida in a heart beat. you're doing incredible things in your state that would make other states very envious. looking amazon moving to tampa, bringing more than 1,000 jobs with it. 300 million in capital. time warner moving to tampa, with 500 new jobs. 500 million in capital investment. what did you have to offer them to get that done? >> we're a great state. no income tax and we're a

right-to-work state. gateway to latin america. we have five million multilingual speakers. brand new university doing science technology, engineering and math. we're talking to companies every day and they are clearly moving. people are moving here but companies are expanding. yesterday i was with a technology company that is adding over 100 jobs just in technology. but even the non-technology companies are moving here because of our technology. hertz, 700 jobs. average income, $100,000. people want to be here. melissa: they do, but you're doing something different recently because florida has had those tremendous assets for a while, yet, when you took office the unemployment rate was 11.4%. it is down to 6. so all those things were in place. >> you're right, we changed. >> what have you changed recently because other states should follow your example i would think? >> four years before i came into office, state lost 832,000 jobs. unemployment went from 3.5 to 11.1%. right after i got elected i sat

down with site selecttores from around the country and said here is why you should come to florida. they said, we don't talk to florida. melissa: why? >> that has completely changed. we're talking to them and saying what do your clients need. melissa: what was the reason? why didn't they talk to florida before? >> well, they said the last administration wouldn't rettrn their phone calls. wasn't focused, took forever, if you were interested in making a decision. so i sit down with them. here's my cell number. call me directly. i will solve every problem i can. plus, in the eantime, we've cut taxes 24 timessin three years. this year we'll cut taxes $500 million. i've cut about, about 3,000 regulations. we've streamlined the permitting process. and we just do what i did in business. melissa: jacksonville, for example, becoming a big hub for startups. >> yeah. melissa: in 2013 there was a big crowd funding event that drew 130,000 attend east. 20% came from out-of-state. is jacksonville the next big tech center, the same way we

have heard about austin and of course we know about silicon valley and hear about places in the midwest? is jacksonville really hot? >> jacksonville is hot. but you know, gainesville, orlando, tampa. i think we'll have the biggest hispanic technology conference ever in the world is going to be in miami in may. so people want to be here of the we've got great young people. we've got great universities, great state colleges. they want to be here to build their companies. we already have the third most number of technology companies in the country in florida. so we are the next, the whole state is the next silicon valley. melissa: is it essential to be tech focused? i keep hearing you say you have ii.t. professionals trained. -- ii.t. poe professionals. >> i think it is very important. i make sure state universities and colleges are graduating students for the future. where are the jobs growing. that will be degrees we focus on and recruit companies here to

expand. make sure they stay here. other governors are trying to recruit like i am. we'll do them better than anyone else. melissa: you got me convinced. open fox business bureau on the beach. >> you would love it. have a great day. melissa: we want to show you some headlines crossing right now from "the wall street journal." quizno's, you see it on so many corners, preparing to file for bankruptcy. the general reporting they have a $570 million debt load. one thing really interesting about the story, their list of creditors, some of the biggest names in private money. avenue, fortress, and oak tree, are among the folks they owe money to right now, going into bankruptcy. up next, babies are a big business. of course there is a an app for that. a new app claiming it is the answer for anyone trying to get pregnant or not! also trying not to get pregnant, similarly important. let me tell you. ceo is here. we all want to retire some day but a new survey says, it is still out of reach for many.

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melissa: no false-positives about it, a innovative new app is helping thousanns women get pregnant or not get practicingnant be also very important. that is in the spotlight for innovation today. we have the ceo. how does this work? how does the app help you get pregnant? is it naked picture very attractive person or how does it work? >> no we haven't put that in.

people heard of apps to track their weight and track what they eat. it is based on app tracking personal date based on personal fertility. they put in fertility signs and analyze the signs and give them accurate and detailed picture what is happening fertility in each day of their cycle. melissa: wow, sound like there is lot of liability there if your app messes up in either direction. do you worry about that at all? >> we have good lawyers, first of all. melissa: that is fantastic. that is always very important. >> which is important and we don't worry about it too much on the pregnancy side. the worst-case scenario is the woman, takes her longer to get pregnant. so that is not a big deal for us. melissa: not for you. might be for her though. go ahead. keep going. i'm trying to -- >> right. it might take her an extrr few cycles, you know. then on the birth control side we don't provide prediction to each individual woman. up to her to interpret her own data. that is how we make sure we're

not giving people bad data and getting maximum understanding of their bodies every day. melissa: you have more than 55,000 monthly users. the users are reporting nearly 500 pregnancies a week. that sounds scary and dangerous. the app helps 10,000 women get pregnant in the last year. how do you monetize that? are you charging them? >> we're not right now. we're really focused on growth, currently. we see a lot of opportunity in the future to use people's individual situation, to connect them with products and services an practitioners who will help them meet their goals. so a woman who is trying to get pregnant maybe identify a hormone problem and connect her with a practitioner or product that will help her with that problem. melissa: how do you see monetizing this down the road? is it fee-for-service? or are you letting folks, diapers.com advertise to the folks? how do you see making mon in? because the show is called "money" and which love money. >> the two main things we're thinking about, are first the practitioner directory to connect women with relevant

break tishers in in their area. we make money on the referral fee. like mint.com for fertility and we connect them with products and services as they go through the journey to conceive. melissa: do you see any other applications beyond pregnancy? are there other things you want to do? >> we see yourselves as full women's health platform. we're focused on fertility and pregnancy. we'll focus on other challenges like breast feeding, ovulation and even menopause. melissa: thank you very much. good luck. >> appreciate it, melissa. melissa: i want to show you two stocks right now. amc first. it is higher after a big jump in quarterly revenue reported on the back of "walking dead." investors like the as a results. i like to show you tivo, the stock is soaring. beat estimates. expects to the benefit from the time warner deal comcast deal. up about 6.4% on the day.

this is so cool. i have to show it to you. i've been fascinated by this. boeing's new blackphone. looks like ordinary cell phone. the blackphone not only encrypts all of your calls, it also self-dedrugs if anyone tries to rack it open. the secretive cell also works on multiple frequency brand and networks to make it harder to hack into. it is so secretive in fact, boeing has not even provide ad price or release date. it is 36 months in the making. hopefully they release it soon. so far investors on board with the boeing black. the stock is up a little more than 1 1/2% on the day. i like that. i don't have any secrets but i want the phonyaway because it is just cool. next up, more on the icahn-ebay saga. a new round of accusations against the legendary activist investor, this time from ebay's founder and chairman. what is next? tweet me. it is today's "money talker." who is making money today?

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csx moves a ton of freight nearly 450 miles on one gallon of fuel. what a day. can't wait til tomorrow. liz: shares of best buy on the move to be profit expectations lee janzen analyst at janney montgomery scott, you were on a conference, what did you hear that surprise you? >> 18 months ago this country everyone thought was going out of business, actually argued today. and hybrid models are out there that the investments they make,

the ones they're working on, making tough to compete with online. liz: will they have o downstairs' their retail store even more? >> they have markets where they have more density of stores than they need and over time it is inevitable that will happen. there taking hours out of the store because 12% of their business is now online. some productivity you don't need as much investment in energy and a. liz: the chart looks negative, the stock fell off a cliff. you sound positive. is there an opportunity? >> it is an opportunity. proof of concept will come in queue 4. even though they had lower numbers due to a promotable holiday but as you look at everyone who has worked in retail over the last couple weeks i don't think anyone had a good holiday and is not something specific to them. there are pluses and minuses to their business.

this stock goes higher from here but ultimately you needed. q 4 to have a big move. liz: we appreciate it. back to work. thanks a lot. carl icahn furrowing another plunge in his public battle with ebay. the billionaire investor firing off his third letter to shareholders, he is behind the typewriter sending his letters out, riling everyone up. the ecommerce diet isn't backing down, the founder and chairman himself responded so who's going to win this fight? title wealth management and the freeman, carl icahn is on fire. is he right or a giant pain in the ass? >> the bins we are sitting. if you en ebay shareholder he brought up a lot of questions you want a definite answers to, it is no secret boards of

directors often do things in trust and not looking up to the shareholder. >> might be both. shareholders are in -- some of the tactics that taken seriously, slipped ebay from p pal -- paypal, the letters saying the board needs to be taken out. liz: will pay pal, planning paypal's features like carol at the seahawks sitting in when the denver broncosswere conducting their game plan for the superbowl but maybe he did. >> carl icahn is about intimidation. corporate raider who started in the 1980s, he brought twa down, made money and thousands of people without a pension. this isn't going to happen. ebay and paypal will stay together or split apart. in my opinion they need to stay together.

because there is synergy, and -- cheryl: if you look what he did with apple. relieves all of this, brought the shares up, didn't achieve what he wanted that made money and the same thing with the debt. something doesn't -- >> depends on where you are. if you rent ebay shareholder you accusing him on. is up to an apps -- liz: is the enacted this investor doing a good thing for shareholders? >> it is both. >> putting pressure on corporate boards making sure business is run in the best way possible. the back of the day's borders fact challenge to. it is not a journalistic explanation of what happened. you read his case on the sale of skype and think there's something criminal, you learn later the big winner was in

silver lake, the stock value was here and 18 months later it was here and some kind of scandal. stocks fluctuate. investor sentiment changes and his attack is questionable but as far as shareholders, people like him buying pressure on management. liz: t is good for shareholders. >> it won't be disruptive for the company. it board of directors mad. liz: it will make lawyers richer. there is distraction going on. ebay shares go higher. market is going higher in march. a nice bull market, the month of march and companies -- liz: need to change the name activist investor. that makes him sound like a puritanical things where he is out there. that is what he was and now he

just annoys me. >> i would be more confident if he is taking on an old company, lord of the managed, pension plan that can't be sustained. this is a fairly young company, a fairly dynamic. i am not saying he is not right but it is harder call for investors than when he is taking on -- liz: doesn't move as readily. the stock has more data. >> ebay shares didn't do that well last year when the market went up. if i am an ebay shareholder a look at what happened last year i am not too had the. i am cheering him on. liz: up next another governor exclusive, and mississippi's bill bryant on how he is beefing up the job market in his state. he lays out his secrets of success because at the end the date is all about money, just as carl icahn.

cheryl: i am cheryl casone with your fox business brief. general motors could be fined $35 million federal safety regulators determined to build quickly enough to recall 1.6 million cars with faulty ignition switches. gm doubled the number of recalled cars, as early as 2004. this is lynn to 33 accidents and

13 deaths. wells fargo having 700 mortgage jobs, wells fargo has cut 50,000 mortgage workers since july. build your own burger test, the fast-food giant launched to single california location. and topping shoelaces, mcdonald says the move is bringing in new customers. that is the latest from the fox business network giving you the power to prosper. money will be right back. there's this kid.

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liz: money has been flying the around the world today starting in scotland where lawmakers are trying to convince the public that a minimum wage would hurt jobs and the economy. swiss voters will vote on a proposal to impose minimum wage of $25 an hour. if it happens it would be the highest minimum wage in the world. several local economists are easily stark warnings to swiss citizens that you could see job cuts and hurt smaller companies. of rick to haiti a local android tabletmaker ramping up production on hard demand. it started in the capital of port-au-prince with an initial run of 4,000 devices. that is being increased to 7,000 tablets a month. it is similar to the ipad mini, a coincidence, but a fraction of

the price, the cheapest model is $100, a symbol of what the island nation can achieve as it continues to recover from the devastating earthquake in 2010. landing in malaysia, pushing new rules on hotels and resorts become more appealing to muslim tourists, islamic tourism is $120 industry. the malaysian government wants to stop serving alcohol. wait a minute, what? food and facilities comply with religious guide lines. not sure about this. muslim visitors have already tripled in the past decade. it is expected to grow 50% in the next 50 years. two hot topics, building a better economy and job creation. our next guest has shown success in both areas and in 10,000 jobs in lowering unemployment by two points in two years.

governor, thank you forbes joining us on the show. >> always delightful. melissa: everyone in your state is a buzz thinking this will be the year of the tuscaloosa marine shale. this is a tremendous geological formation in good rich. both planning hundreds of millions of dollars to get in there. is this the year for that? >> absolutely. if you look at the company's you talked about, almost half a billion dollars worth of investment just now, 22,000 people in the state of mississippi, employed in the oil and gas industry. it is blooming in mississippi. tuscaloosa marine shale is something we are counting on. we put a lot of investment in it. i cut taxes on that region for oil that is produced by hydraulic fracturing and that has stimulated the growth in that area. that and our stability to help

regulate if you will that industry on the state level, our state's first initiative that are working hard, as chairman of the interstate compact commission that is critical along with permitting speed, second in the nation. melissa: i you receiving any push back from environmentalists? your neighbors in louisiana had a recent oil spill, people get nervous about fracking. that is unrelated begets indictment lists up in arms and people who care about the land. i you getting any push back? >> we always do. we had the largest spill in america's history. look what happened with the bp spill a few years ago we were able to manage that. if you look at the vienna, no loss of marine life, no injuries occurred there. these will occur in any type of industry. the important part of it is having an immediate response to let everyone in washington know we care more about our land, our water, our environment than they do and we are here to protect it

and the same time grow our energy. liz: look at places like california, revenue and jobs, they have the monterey shale which every much ignoring, that can you quantify what the tuscaloosa marine shale means to you? how mmny jobs, how many dollars, what do you see down a road? >> 9,000 new jobs. it means billions of dollars of investment, new infrastructure, mrs. sabaeans coming home, working in north dakota and oklahoma and texas, those misses sabaeans hard-working there, we want them to come back to mississippi and take jobs we are creating here. melissa: what do you do to provide the right labor force? i covered energy for a long time and it was always hard to find the best engineers and the best skilled folks. what are you doing to provide the industry with that?

>> working with community colleges, we put several million dollars in to work for safety training facilities at one of our community colleges in southwest mississippi. working with mississippi state to get petroleum engineering program back up and running. that went out of existence in the 1980s when everyone was saying gas and liquid is out of business and we have to depend on other forms of energy and now that it is that we have to restart if you will some of that but we do that in a very rapid manner. a sense of urgency of getting the work force ready. melissa: good luck to you. can't wait to hear about the progress. >> we will talk more about it. melissa: what does liz claman have on the closing bell? liz: the last and all-important hour. there is a stock falling 9% did a but you need to put that aside because it is up 100% and that is neutral system. this very day, the obama

administration will change the labels on food to make the calories a lot bigger so we can really see what we are eating. the company has turned around since 2012. the stock is up exponentially. there's a big short position on it but a lot on whitewater's, its competitor as well but it has not kept pace with new address system. we will talk about the new labeling that is expected to be announced tomorrow with the first lady michele obama. we are also going to talk to the first lady of nascar driving, danika patrick, in a fox business exclusive. she has been working with go daddy for years, but listen, they are now trying to inspire people to start small businesses. wait till you see the latest, i can, nothing but shtick. we will show you the most incredible clip, sounds like reality tv, five people who have been paid to quit their jobs and start their own business about

to make their pitch while she drives the track at 150 miles an hour. melissa: no one does it better than them. coming up, we were just talking about this, the first lady wants us all in shaped meaning this sweeping changes could be coming to a food label near you. companies will add extra nutritionally information on their packaging, some say it will hurt the bottom line big time. we will check it out because you never have too much money and i think too much information.

predicting the future is pretty difficult thing to do. but, manufacturing in the united states means advanced technology. we learned that technology allows us to be craft oriented. no one's losing their job. there's no beer robothat has suddenly chased them out. the technology is actually creating new job siemens designed and built the right tools and resources to get the job don

melissa: investors are sitting on their hands as they wait for earnings to come out "after the bell". they announced they would raise the minimum hourly wage from $9 in 2014 to $10 in 2015. people think the banana republic is showing improvement. we will show you that "after the bell". stock has been doing better of late. and here as well. here's some spare change of you would like to send extra nipples and dimes on snack food, maybe some big changes. the white house proposing new requirements for nutrition labels that could affect every packaged food product that you by. rich edson is on the story in d.c.. these labels blast you with the calories, make sure you know exactly what you are getting into. >> it is not just the size of the calorie count but the number, the actual number will be bigger. you pick up a cookie package and

see 100 calories and that is not bad and see the serving size like half a cookie. what the fda says is they will update serving size requirements to reflect the amounts that people actually eat so you will see that and you will be more prominently displayed in the number will be larger and on top of that they will break out added sugars. people say basically you want to know naturally assuring sugar but the amount of sugar added into a product and a few other changes. liz: looking at the label side by side calorie counters a lot bigger. how do food producers feel about this? they need to design a new label. how do they feel about it? >> talk to analysts about this said the label cost will be an additional cost but that is not necessarily the problem. when you are going forward on this you look where food trends have been the last four years since 2010, there have been and you will declines in american buying habits, moving away from

processed prepackaged foods more toward healthier foods. if you have a situation where calorie count numbers are moving because of serving sizes have changed that may change the way people buy these foods and could hurt the process foodmakers. liz: it is more information, same thing when restaurants in new york, duncan donuts, when they had some put up calories for everything thing to get the drive dunton out of business but it is the brand that you might as well have done that. it hasn't been that terrible. thanks, appreciate it. up next, what is the worst thing you can imagine happening to your retirement? the average 401(k) account plummeted, the last financial crisis meaning there are a lot of people out there with some catching up to do. small-businesses feelings the suites. the biggest problems facing your golden years. we are going to fix it. you can never have too much

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with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours. ♪ melissa: whether it's on wall street or main street, here's who's making money today, anyone with a stake in sears. the struggling department store posting declining sales due to a, quote, tough and terrible holiday corner, but a land -- plan has investors reacting possibly. the ceo benefiting nicely, the billionaire hedge fund manager has more than 25 million shares meaning he just made an extra $57 million, because he needed it. also making money, miss congeniality herself, sandra bullock to. the hollywood actress earning tens of millions of dollars for

her role in "gravity." word is bullock's ddal included $20 million up front and after that she gets 15% of warner brothers share of the box office revenue plus a cut from home rental and tv sales, that is already looking to be about $50 million. wow. means toes car can winner is lining up for a $70 million payday, good for her. top executives at private equity firm carlyle group, the three founders each received around $93 million many dividend and salary last year, that is up 60% there the year before. it reflects how well the group has been doing lately. income rose more than 20% last year. and its fourth quarter earnings more than tripled. nice job. all right, one thing almost everyone can agree on, retirement saving is a tricky thing. ups and downs this the market, housing bubbles, unexpected expenses. there is a way to fix those worst case scenarios, so listen up. the ceo and director of the

american society of pension prooessionals and actuaries, thanks so much for joining us. let's get right to it. let me hit you with one of the first problems. this is a high-tech business owner, the small his is doing well, they don't have a lot of employees, but they offer the employees a 401(k). there are new tax rules out there that, basically, double tax this distribution. so it may make it go away. how do you deal with that situation, how do you help your employees to save for retirement, what do you do? >> well, melissa, it's a real problem out there with this proposal by chairman camp that was introduced yesterday that he would actually double tax cruxes on behalf of small business owners -- contributions. so the concern is if her subject to this tax, hay no longer have an incentive to keep those plans going -- melissa: right. so what should they do? >> what we've got to do is, one, make sure that this double tax proposal doesn't get enacted and

proposals like that. instead what we need to be doing is encouraging more small business owners to have plans like your friend. because the key to retirement for workers is having a plan at work. people making between $30 and $50,000, when they're covered by a plan at work, 70% of them participate. when they don't have a plan at work, less than 5% save on their own. melissa: public schoolteacher, second scenario. the problem is that this person has just gotten through putting their kids through college -- >> right. melissa: and, basically, was using all their retirement savings for this. there are lots of people in this situation. >> right. millions, actually. melissa: now they want to try and catch up. how do you start catching up? >> well, the key is to kind of make sure that you're thinking about this in advance, but a critical part of the law today is the allowance of catch-up contributions. they're very important because there's a lot of people who are putting their kids through college, and then all of a sudden -- hopefully if all things go well, kids go through

college, they can now catch up with respect to their retirement savings. unfortunately, another proposal introduced yesterday would freeze benefit limits and contribution limits at current levels for over a decade -- melissa: i know. but rather than talking about laws that may or may not be enacted, what's the first thing you would ask them to do? >> what they've got to do is plan for the catch-up scenario. they know they've got a burden in terms of costs and expenses while the kids are going through college. because the law allows them to put more money aside, they have an opportunity to do so. so they're going to go ahead and take that into account. fortunately, and millions of americans actually do this, they then increase their contributions as they get closer to retirement so they can catch up with respect o the savings that they missed while the kids were away in college. melissa: okay. brian, thanks so much. we appreciate your time. >> you're welcome. melissa: all right, that's all we have more you. be sure to tune in tomorrow. thank you for joining us here at our new time. i hope you'll stay with us, 2

p.m. here on the east coast. "countdown to the closing bell" starts right now with liz claman. ♪ liz: unprecedented. two fed heads deliver very different testimony today. janet yellen telling a senate panel she sees softer than expected spending, and in a legal first, former fed chairman ben bernanke getting deposed about his right in the bailout of insurance unit aig. we're following both for you, the investor. battle of the budge, americans spend $40 billion a year on weight loss products, and the industry continues to balloon each year along with our waistlines. how does the diet business stand out from the crowd to crack the code? nutrisystem's ceo tells us how she's whipping her company into shape, first on fox business. and blackstone's eye for fashion. the private equity firm taking a 20% stake in