pretty good. we have given some back. headline-driven stuff. don't forget about corporate earnings. ultimately that will dictate where this market goes and so far, they have been really good as i hand it over to my friend and colleague, liz claman. liz: yeah, earnings or the federal reserve or the stimulus talks. right now, we are going with stimulus talks, because got a couple things here. breaking news. house speaker nancy pelosi and treasury secretary steven mnuchin are going behind closed doors or at least closed phone lines right now in an effort to hammer out a stimulus deal. and the markets appear to be interpreting that as a sign both sides are at least closer. with the dow jones industrials up 241 points, the s&p up 33 and the nasdaq up 100 points, there appears to be some bullishness right now with investors and traders. arguably, the one member of president trump's cabinet who is watching the stimulus chess game the most closely is the man

entrusted with getting unemployed americans back to work. labor secretary eugene scalia joins us live. we are going to get the scoop from scalia on how urgent the situation really is right now. retailers among those of course hit the hardest by the coronavirus pandemic. we have the founder of one of the most visionary mall developers in the country. the grove in l.a., i don't know if you have been there, it's one of his. he is here. caruso founder rick caruso on how he's making his california dream of safely reopening come true. this is a fox business exclusive. you got to see what he's doing. and netflix has emerged as one of the top pandemic superstars. the streaming giant reports earnings after the bell. our all-star panel digs deep into the numbers with the one number that may tell you the whole story before the earnings results even come out. you have to stay tuned for that. but let's get to this breaking fox business alert. treasury secretary steven mnuchin seen here arriving at

tel aviv's airport, it's 11:00 in israel, but we are told he's wide awake and about to dial in with house speaker nancy pelosi right now. are we about to see a major development in this on again/off again stimulus soap opera? as president trump told fox news this morning, he's willing to go above house democrats' $2.2 trillion price tag to help americans get back to work post-covid. the big wild card is the senate which has been resistant to any budget-busting bill that adds massively to the growing national debt. senate majority leader mitch mcconnell was just asked in the last couple minutes about his handling of the white house pelosi stimulus deal. here's what he said. >> well, what i'm telling you is that if such a deal were to clear the house, obviously with a presidential signature promise, we would put it on the floor of the senate and let the senate consider it.

liz: the urgency to get something done perhaps stems from plateauing labor numbers recently. initial jobless claims have started to come down from their highs back in march but they have ticked back up last week to 898,000, above estimates. there have been 64.52 million jobless claims filed since the coronavirus lockdowns began. 40.3% of the american work force. what is the trump administration going to do to help struggling americans before the election? let's bring in labor secretary eugene scalia. welcome, mr. secretary. thank you for being here. so secretary mnuchin and speaker pelosi are supposed to be talking literally right now. the lines of communication have been open between them. but have you spoken to either the secretary or the speaker, given the statistics, you see at the labor department on the jobless situation, and have you explained the urgency? >> i have remained in touch with secretary mnuchin and his team

as these negotiations have gone on and liz, as you know, the president would very much like to see an agreement from the perspective of unemployment assistance. it's been frustrating when the $600 a week cares benefit expired in july, republicans sought to extend it if only temporarily to have a continued discussion about what the right amount of a federal benefit would be going forward, but chuck schumer, nancy pelosi would not allow that and would not allow even a stopgap measure during negotiations. that caused the president to step in and find a way to use fema funds to continue unemployment benefits. yes, we would like to see something done. i know secretary mnuchin is working hard at that. at the same time, let me emphasize this second point which is that unemployment right now is much, much lower than was being predicted back in april where we saw estimates that

third quarter unemployment would be nearly 16%. but we know that actually in september, it was under 8% and this morning, our bureau of labor statistics put out its state by state numbers which are very interesting. we see that actually, a majority of states, 26 states have unemployment rates below 7%. the problem lies particularly we see from that report in some of our largest states, especially california where unemployment barely came down in september. it's at 11%, much higher than that 7.9% national average. new york, illinois also really high unemployment rates, in the neighborhood of 10%. liz: yeah. definitely the numbers have absolutely come down from those ridiculous highs, but you know, we want to stick to the people who are struggling the most right now. the currently unemployed. that's under your purview. airlines say they will be forced to cut jobs without more

stimulus. the hotel industry. we had the ceo of best western tell us yesterday right here that nearly 50% of hotels in the u.s. will default on their loans which of course could trigger more layoffs. which sectors do you see needing it the most, the stimulus, right now? >> well, airlines, we know are a sector that have been particularly affected, as has hotel and lodging. these are industries that i have spoken to the president about. i know he has concern there, too. that's part of the reason it's been important for him to get relief, and in order to continue unemployment benefits. but again, that said, we see much better signs in the economy right now than were being projected back in the really difficult days that we had in march and april. so i think the task before us is first to maintain the policies the president has set that were

so vital in building that amazing job market we had pre-covid where we had record low unemployment and where we learned recently, we had really extraordinary wage growth for people at the lower end of the economic scale. those policies of low taxes, eliminating unnecessary regulatory burdens, when you ask what we need going forward, that's an important part of what we need because it built the economy the first time around. we will need it going forward but of course, we do want to continue to get these unemployment benefits to people who need them even as we grow the economy and get them back to work. liz: i would imagine as labor secretary, your definition of success would be to see businesses reopen and the millions of employees who are still furloughed or jobless to get back on the job. understandably, with eight million americans infected, 220,000 killed by covid, they want to be ensured they go back safely. your osha team, occupational

safety and health administration, has put out covid safety guidelines but it doesn't appear that there are specific and harsh legal penalties for employers who don't follow them. your team told us that there are 10,810 covid-related complaints to osha. we asked how many citations have been issued. they did not get back to us. so we had to rely on afl-cio numbers and they say only -- [ speaking simultaneously ] >> tell me what they told you. liz: well, first of all, we put in calls to them as well. 96 class actions. we understand, though, that when we're looking at specific citations, we need to know, at least employees need to know if they do go back, and i presume most of them do want to, mr. secretary, that they are going to have employers, most of them are caring about their employees, but that all employers will be held to a

standard and it appears your guidelines don't have teeth. what are you going to do about that? >> well, our programs do have teeth, liz. it's funny, again, by saying you imagined our priority was to get people back to work, i almost at that point interjected, get them back to work safely. that has, in fact, been a priority for us from very early on. osha began providing guidance related to covid all the way back in january. it's put out extensive guidance for employers and employees, about 20 different industries and it also has had a very active inspection and investigation program as well. this is something that i have emphasized from early on that we have existing regulatory authorities. i said from march, they were available to us to use, we would investigate, we would bring cases and we are now doing that. there were critics, the afl was

among them, the former obama administration officials were particularly loud about this, telling people that osha was not conducting investigations. that was false. and we are now seeing the result. we have brought nearly 100 citations against companies where we found -- liz: out of 10,000? >> we're not -- liz: out of 10,800 complaints? >> well, liz, you know as well as i that a complaint does not necessarily mean there's a problem. we have investigated -- liz: absolutely. absolutely. but mr. secretary -- [ speaking simultaneously ] >> when we found there's a violation and it was within the company's capacity to address the problem, you know, there were ppe shortages, for example, which can be a mitigating factor. but to date, we have brought nearly 100 cases and we will continue to do that. so as i said, in a white house podium briefing back early in the spring, the cop is on the beat. there's not a case we haven't brought because we didn't have a regulation in place.

but finally, i will emphasize this. i have been doing labor and employment for nearly 30 years. never in my career in the area have i seen employers as focused on keeping their workers safe. they know they need to do that. liz: i get that. i get that. >> they know they need to keep -- [ speaking simultaneously ] >> we are helping them do that through the guidance even as we maintain -- liz: we are on the side of business. as a business network, we absolutely understand that the legal, you know, heavyweights that are put on the shoulders of most businesses but when you are looking at the meatpacking plants where there are mrajor outbreaks and chicken processing plants, i just think, and i'm not the only one who would look at this and say wait a minute, you want to get people back, don't you need to put teeth in those guidelines and be much harsher about it? you can't really depend on all employers. i wish we could. to deal with this properly, because this is the worst and

strangest and most devastating pandemic in yours and my lifetime, and you can't just leave it up to that. i have your returning to work guidelines we pulled up here and it says these are, you know, they are very specific here. we can put it up. it says these guidances are not standards or regulations. your own employer, the u.s. government, didn't exactly follow it during the rose garden ceremony, mr. secretary, and so many people got sick at the rose garden september 26 ceremony for amy coney barrett, which you and your wife attended and we were very concerned to hear that your wife tested positive shortly thereafter. so you can't really depend on everybody to follow these. so isn't it on your shoulders as a labor secretary to ensure and put teeth into something like that? >> well, liz, you know, i was very pleased let me say first of all, to attend that ceremony for

amy coney barrett, who is an exceptional judge, exceptional person. i think the american people have come to see that and i think will be a terrific justice. with all respect, liz, i don't think you understand the osha regulatory program. it has been a two-pronged approach. we have issued guidance. that guidance itself is not legally binding. but as we have made clear from very early on, we have a number of regulations that are legally binding. we will bring cases when they are violated. and we also have statutory authority that we can use to bring cases and we have done so. i said from early on we would. we have done so. and including with respect to meatpacking. so there are teeth as well as the guidance. it's a two-prong strategy. guidance but enforcement as necessary. and we will continue to do that in a measured way, recognizing again, as i said, i don't think you dispute, the great majority of employers are very focused on

keeping their workers and customers safe. we want to help them do it. but those who fall short, we will bring enforcement actions as needed. liz: we will be watching it and thank you, mr. secretary. we do hope your wife is feeling much better and we hope she's recovering and we are watching this story closely. please come back again. it is indeed -- >> i appreciate your concern. just to clarify, she did not test positive for more than two weeks after that event and she's doing well. thank you. liz: okay. excellent. excellent. good to hear. thank you so much. we are going to be talking much more about the economic positions of both president trump and joe biden on thursday ahead of the second presidential debate. it's our next edition of the economic undercard. venture capitalist legend and founder of graycross partners, alan patrikoff, robert kiyosaki and tyler goodspeed joining us

thursday, 3:00 p.m. on "the claman countdown." dow jones industrials up 113 points. thanks to the labor secretary. we'll be right back. your journey requires liberty mutual.

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liz: all right. we're looking at green on the screen, but we are off session highs. here's a question for you. is covid-19 going to be playing the role of ebenezer scrooge this season for retailers? brand new survey shows shoppers are expected to do about 28% of their holiday shopping in store due to covid-19 fears. with shoppers saying the combination of wanting to avoid crowds and of course, the convenience of staying home is a deal that may be too good to pass up right now but our next guest has been working very hard to revolutionize the shopping experience across california post-covid. he's got innovative outdoor malls, the grove in los angeles, the palisades village and the americana. in a fox business exclusive, caruso founder and president rick caruso is joining "the

claman countdown." all right, what are you doing? because i have to tell you, we just spoke to the labor secretary and secretary scalia, just like the rest of us, want to see employees get back and back safely. what have you been doing? >> of course. you know, me and the team, we got way ahead of the curve early on and we engaged the head of infectious disease at usc, we brought on our own rn who specializes in infectious disease and we put together some very robust protocols for cleaning, for handling guests, expanded outdoor patios, masks on our properties. we've got the benefit in los angeles, southern california, of light and sunshine which is one of the best disinfectants, in addition to our protocols. so i think the first thing a customer wants, i know i want, a guest whether it's at our retail properties or resort, you want

to feel safe. you want to be happy. you want to enjoy your experience. those safety protocols have really worked. we have not had any issues on our properties and we are having really good sales. sales are growing. liz: but the survey we just talked about shows that 51% of shoppers are going to suppress in-store shopping this holiday season. what specifically, take the grove, for example. i'm a huge fan of the grove because it's all outdoors, it's so much fun, you have top, top companies in there, have' got an apple store, lululemon and everything else. what is it specifically that you can do to lure people, whether it be the outdoor dining in restaurants or whathave you, to bring people out from that mindset? >> you know, here's the problem with these studies. i always get fascinated by these studies. they do a national study like the country is the same everywhere. it's not the same everywhere.

and not all properties are alike. we are bucking the trend, there's no doubt about it. this month alone, we had a 50% growth in sales month over month on our retail properties and our resort, the miramar on the beach is running one of the highest adrs in the country. we are running on the weekend 80% occupancy -- i'm sorry, 100% occupancy, during the week, 80%. so you have to look at individual areas, geographic areas, you have to look at the kind of properties. we are all outdoor properties. we create an experience. what people want more than anything, they always have and covid has accelerated it and enhanced the demand, is they want a great experience. then you offer great retailers and you offer great restaurants and it all works. people will gravitate to that. so i think the biggest risk to retail is actually the current

version of itself. unless retailers and restaurant owners are innovative and offer a product that's relevant you won't do well under any circumstance. liz: yeah. i know, it's very challenging right now. are you going to have santa? there's a mall in pennsylvania that's going to have santa in a plexiglass dome of some sort. what are you planning for christmas? >> that's a little creepy. sounds like something an indoor mall would do, put something inside a tube. we are decking out our places like we always have for the holidays. the christmas trees are moving in next week. we are going to be decked out. i think people want to celebrate the holidays and we are going to give them a great place to come and feel like life is as normal as it can be and be together as a family in a very safe way, to be together with friends in a very safe way and have that experience. we all deserve that.

i think we are going to have a very good holiday season. i'm very optimistic about it. liz: well, from your mouth to god's ears. we can only hope. thank you, rick. it's great to have you. rick caruso. the founder of -- listen, these are great malls. go support your businesses that are near you, everybody. twitter. twitter's wings are fluttering into the close as the d.c. regulatory spotlight shifts to a totally different target. the department of justice going after digital heavyweight google in a no holds barred legal showdo showdown. twitter, though, seeing some relief here, up more than 1%. will the google empire really be forced into submission in the form of a breakup of its businesses? with the closing bell ringing in 36 minutes, we do have the dow up 157. stay with us.

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liz: i wonder if we can pull up a nasdaq intraday. you guys looking at this? we had been up at the highs of the session by 150 plus points. right now, we are still up 52 points, but as you see, we have started to retrench just a bit. it's been a roller coaster ride. two different peaks here we are looking at. one of the most actives of course is apple, moving higher by 1.33%. if we flip it over to ibm, singing the big blues at this hour. the tech stalwart falling to the bottom of the dow 30 after failing to issue guidance for the current quarter. ibm pointing the finger at covid-19 uncertainties as clients pull back on spending and delay projects. they say nope, we're not going to give guidance. stock down 6.33%. ibm also posting its third straight quarterly revenue decline but still managing to eke out a top line beat due to strength in its cloud services business. at least four firms said you

know what, we don't see that. we don't care. we are cutting our price targets on the shares. ibm now down $7.90 to $117.68. meanwhile, another tech giant has its own troubles at this hour. the department of justice filing an antitrust lawsuit against google today. accusing of it illegal monopolization of the search and advertising markets. right now it's not hurting the stock. it's up 2%. but you know, the details of this are pretty interesting. ashley: yes, they are. they kind of ring a bell. talking of which, back in 1974, an antitrust case was brought against at & t that ultimately led to the breakup of ma bell. in 1998, bill gates and microsoft faced the government in a case that was eventually settled after years of legal battles. here we are in 2020, in the biggest antitrust case in a generation. indeed, as you say, the u.s. justice department and 11 states are accusing google of illegally

using its market power to become the monopoly gatekeeper for the internet. the suit claims google acted unlawfully to cement its position in search and search advertising on the internet and says that quote, absent a court order, google will continue executing its anti-competitive strategy, crippling the competitive process, reducing consumer choice and stifling innovation, unquote. the complaint says google has nearly 90% of all general search engine queries in the united states but almost 95% of searches on mobile. the complaint says google pays billions of dollars to smartphone makers like apple, samsung and others to make google's search engine the default on their devices. the lawsuit claims that strategy prevents any rival from winning significant market share. now, google calls the lawsuit deeply flawed, adding that

people quote, use google because they choose to, not because they are forced or because they can't find alternatives, unquote. google has already faced big fines in europe on antitrust claims over the last several years and when asked on a conference call if the u.s. government is seeking a breakup of google or some other remedy, the justice department official said nothing is off the table, which is fine, but clearly this could go on for quite some time. let's not forget, google has, what, $120 billion in cash stuffed down the back of the sofa. they can bring out their big guns as well in this argument. liz: oh, boy. very interesting. again, google constantly has to be fighting these off. they are sort of today's microsoft from back in the '90s. remember that? ash, great to see you. ashley webster. all right. we are specifically looking at viacom cbs stock.

it is jumping higher by about 1.25% at this hour, as it throws the job of fighting the streaming sharks right to pluto tv ceo tom ryan, now tasked with helming all of their free and paid streaming services. he gets the big job. but has the war already been lost when it comes to the binge watching battleground? netflix about to release its latest quarterly results in what's been a blockbuster year from the original king of content. our power panel hashes it out. who will still be wearing the crown when the dust settles? with the closing bell ringing in 27 minutes, and the s&p up 21 points, "the claman countdown" is coming right back.

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liz: all right. we've got shares of draftkings. you need to look at this.

they are caught in a bit of a downdraft as the lockup period has ended. the sports betting firm in a filing had said that certain stock and option holders had agreed to sit on their hands and their shares until today and from the looks of the price action in the stock, down about 4%. clearly they want to cash in on the incredible gains that draftkings has seen. time for some pandemic winners. procter & gamble raising its annual sales and earnings forecast as consumers rush to snap up cleaning products. the maker of tide said overall organic sales rose 9% in the first quarter. besides cleaning up their homes, consumers were building up home offices. look at logitech. they are on track for a record close at this hour, jumping 15.7% as workers binged on the swiss tech company's computer keyboards, mice, web cams. sales, want me to put a number on it, spiked 75% in their

latest quarter. and kohl's. you want to say yoga pants, a stock is going to go right up. kohl's is getting into the red-hot athleisure trend with a brand called flex. kohl's is up 6.6%. mcquarry jocked ejacked up pel price target to $150 and threw out the idea the company is looking to buy an athleisure brand so it can touch all the workout market. peloton pulling back by half a percent. but they do have merchandise they sell. it just sells out in two seconds because people want that teeshirt that says peloton on it. all right. the n in fang is the first to post report results after the bell. netflix is the n, right. it will release third quarter earnings and investors are dying to know if the stock can keep up its pandemic momentum.

it is up 62% year to date. the king of streaming has also had to share its throne with other services such as apple tv plus, amazon prime and of course, disney plus which have you seen disney's numbers? roared ahead with more than 60 million subs in less than a year. is there any risk, though, of netflix losing its crown and who would snatch it? joining us now to discuss all is slated cofounder and ceo steph patternot and tuna imobi. i don't know, you look at netflix's numbers and they look wonderful, but we have seen a lot of these other names look really strong, too. what advantage do you see or not see going forward post-pandemic for netflix? >> thanks. good afternoon. we were just talking about the clear winners of the pandemic and netflix obviously has been one of the runaway winners here. the covid-19 demand tail wind and impact on subscriber growth

as well as consumer engagement has been quite profound. coming off, you know, 26 million global net additions in its front half. now, the question investors have, how much of that growth represents potential put forward of q3 and q4 demand, which we expect to be a factor in the q3 report. that being said, 2.5 million guidance, we think there's a lot of upside there, a lot of backlash on the potential impact from the french drama so these are things that can impact q3 numbers. that being said, we are still pretty optimistic there's a lot of tail winds underlying our expectations. liz: steph, as a guy who matches finance guys and women to different projects, let's talk about content. when you look at what netflix spent last year and what they're spending this year, $15 billion

in their development budget for content is such a stunning number. can anyone compete with that? >> well, look, a year ago, the game was all netflix's but as of this year, all the major players now have their own streaming platforms and now it's a question of we are no longer really just in a streaming war. everybody has moved from linear and cable to this new streaming world, where there is a real long tail, lots of places for people to subscribe, but the real challenge now is not just getting people signed up. it's holding on to them. and the content pipeline from this year, were still full from pre-pandemic levels. now we are seeing that the content pipeline is starting to thin out. i think in 2021, we are going to be getting a little bit of streaming fatigue with a lack of new big budget, whether it's movie, tentpole type movies or whether it's high budget series because of the pandemic. we barely got back up to maybe

20% to 30% of production in august-september, and already, a lot of them are going sideways or having to slow down or might have to shut down again. liz: yeah. well, that is another problem that they are restricted in certain regards. what do you see here? the war chest of 15 to $17 billion, if i'm a legacy media company, i'm a little nervous, am i not? >> well, there is obviously some anxiety around content spending, but i would actually not quite agree with the last comment. i would argue that the pandemic actually enlarged the addressable market and the appetite for streaming. the main question is how much of these gains are going to be sustainable. so i would expect 2021 to mark a deceleration in kind of the trend line content spending we have seen as we look at the new entrants and the plan going out three to four years, and with hollywood film and television production restarting, there's reason for us to believe that

starting next year, that we will get back to normal trend levels. i don't know of any streamer out there who is really forecasting kind of a knee-jerk acceleration in content spending. that's what's going to separate the winners and losers, those companies are going to have kind of targeted content, professional and all that stuff, i think will stand out. there's going to be definitely more winners in that market than pre-pandemic. >> the demand, i would argue that the demand from investors, there are definitely more investors. we have a platform we are catering to thousands of investors. the demand to invest in content is at an all time high. what's going on is that the product, the tentpole movies completed pre-pandemic are now selling for a premium to the streamers who are all competing for that content. launching large budget new productions has been problematic. you have seen batman get shut down for a period of time and you will see a lot of other productions get shut down or

slowed down. the problem's actually going to be that there's going to be a lack of ability to keep the pipeline humming at 100% but rather, it will be down at 20% to 30%. we are seeing that problem on the ground every single day. liz: got it. yeah. you're there in tinsel town. steph, tuna, numbers come out after the bell. ahead of that, we do have netflix down just about .5%. we will be watching it. after the bell, we will have the numbers the minute they come out. great to see you both. senator richard burr tangling with the securities and exchange commission in a more than six-month-long battle over insider trading allegations. could he be ready to wave the white flag? charlie breaks that story next. and next tuesday, i will be part of the fox business all-stars joining charles payne in the next america votes together virtual town hall. neil cavuto, jerry baker and i will talk about the major economic issues of the nation and investment interests just one week before the election. if you are an individual or

small business owner with a question on anything from businesses reopening their doors, kids going back to school, the real estate boom, e-mail us a video of yourself asking a question to investedinyou@foxbusiness.com. that's next tuesday, 2:00 p.m. eastern. dow up 187. we'll be right back. are you frustrated with your weight and health?

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liz: well, let's see. remember way back, i want to say late december, when covid seemed a world or at least oceans away? it's those moments now from the early part of the year specifically, january, february, that put senator richard burr of north carolina in hot water with the securities and exchange commission. the market regulator is still

probing whether the then-head of the senate intel committee used inside information about the coming pandemic as the basis for some major personal stock trades. charlie gasparino has some new details on that investigation. charlie? charlie: as you remember, those stock trades occurred around mid-february, right before the markets started to get impacted by the pandemic and fear was in the markets that maybe this could be something bad and prolonged and could shake the market. as you know, the dow has recovered largely but you know, there were some rough times there. i thisnk the dow went down as fr as 18,000 but richard burr got out of some stock positions before all that happened. there is now an investigation going on since then and it's been months since this is going on and here's what we know. this is not an easy case for the s.e.c. to bring, from what i understand, that they continue to investigate richard burr and the situation behind the stock

trade. one of the problems they're having is trying to assign a specific piece of non-public information that he actually traded on. remember, he was given some briefings, some of those briefings were obviously confidential, they were given just to senators, but the information at those briefings apparently a lot of it was out there. people were talking in january, you remember donald trump was asked specifically in january in a cnbc interview, i believe in davos, or around the davos time, that you know, what do you think of the pandemic. so people were actually talking about this in the market. it was clear people were concerned. the question is, did he trade on something specific that was non-public in violation of a law that prevents congressmen, congresswomen from trading on non-public information. i believe it's called the stock act. they're having a hard time identifying that specific information, from what i understand. we should point out that burr has yet to receive a wells

notice from the s.e.c. that's a notice from the enforcement division that it intends to bring a civil case against burr. but here is the rub. i'm getting this from people close to the case. he still may have to settle with the s.e.c. it's a lower bar for civil charges. they are aggressively pursuing this. they really want to bring a case. he may just settle it to get it behind him even if he agrees to pay some nominal fine or doesn't admit or deny wrongdoing which often goes with s.e.c. cases, just to get it behind him. we should point out the doj is actually looking at this as well, a criminal case. i hear that's obviously the bar is much higher. people give that a very low probability of him being charged criminally. the real case here is an s.e.c. case and again, this is from what i understand from people close to this, it's not an easy case. that doesn't mean they won't bring it and one of the reasons why, you know they might bring it or there's a good chance they are going to bring it, there is talk that burr might settle and those settlements again, come

with neither admit or deny wrongdoing. back to you. i hear the music. liz: keep us posted. thank you very much. we'll be right back. i'm still discovering what's next. and still going for my best. even though i live with a higher risk of stroke due to afib... ...not caused by a heart valve problem. so if there's a better treatment than warfarin, i'm reaching for that. eliquis. eliquis is proven to reduce stroke risk better than warfarin. plus has significantly less major bleeding than warfarin. eliquis is fda-approved and has both. what's next? i'm on board. don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke. eliquis can cause serious and in rare cases fatal bleeding.

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♪. liz: closing bell ringing in 3 1/2 minutes. we do have our major indices all in the green but off their highs. nice moves i suppose for s&p is the leader here, up two thirds of a percent. we're exactly two weeks away from election day and our countdown closer says if we compare the state of the markets to nascar we're in the final lap before the true race begins. how should you align your port foal to prep for the flag that gets you going in the race ahead? kevin miller. evaluator funds cio. final lap before the race

begins. what do we do with our portfolio as you see it? >> right now with so much uncertainty about to drop down on us we think you should go strong cash, strong balance sheet, good cash flow and we're looking at apple, microsoft, and walmart. liz: okay, these are all very familiar names also certainly in the space of apple and microsoft seen unbelievable jumps over the past 11 months, 10 months so tell me why you would continue to buy at or close to the highs of some of these names? >> i really like apple because it just went through the reverse stock split. they brought the price of the stock down so smaller investors are able to take on their stock. the 5g phone is just coming out and they have very strong consumer loyalty and coming out of this pandemic era, we see consumers being real strong. microsoft is very

well-diversified. cloud servicing is going to just continue to expand through their zero product os, their operating system and office are basically cash cows for them. they're also getting in on the, the online virtual office meetings with teams. very strong consumer loyalty. and then walmart they have so many locations, great ability to they have groceries, better than amazon, they have walmart plus product to compete with amazon prime. all very strong cash positions on the balance sheet and very good cash flow. liz: we have about 15 seconds left. be like mario andretti who was a gutty driver who knew how to slow down to play it safe when there were accidents he could see ahead? >> we'll see some accidents next year but 20 21.

it's a strong year, don't be on the sidelines. liz: great, kevin miller, giving us a nascar analogy there. [closing bell rings] netflix earnings are up right now. that will do it for "the claman countdown." >> stimulus hopes lifting stocks, they came off the highs. all three major averages ending the day in the green, significantly off session highs. at one point they were up 340. the dow is trading 112 now as the bell rings and markets close. this as house speaker nancy pelosi and treasury secretary steve mnuchin continue relief talks and as we wait for results that could shake up the markets tomorrow. netflix earnings report is expected out any moment now. hi, everybody, i'm david asman. i'm for melissa francis and connell mcshane. and this is "after the bell."