the fix is in. the obama administration sets a deadline to get the obamacare website working again. in our cover story today.... a retailer synonymous with luxury, is accused of racial profiling. plus...we'll hear the analyst who predicts we're headed into a new era of low gas prices. and.... a critical few days ahead for tech. what one trader is seeing in the charts, that he likes. that's all ahead on today's first business! you're watching first business: financial news, analysis, and today's investment ideas. good morning! it's monday the 28th of october and i'm bill moller. angela miles is off today. in today's first look: analysts expect the technology run, should run on. the pace was set last week by

amazon and microsoft. the baton is passed this week to apple and linkedin. the markets open this morning with a lot of positive energy. the dow starts trading about 120 points from its all time high. a 13 year high for the nasdac and that there is a record high for the s&p 500. for 2 weeks straight, gold closed higher. energy stocks were up friday though they posted a loss for the week. wholesale inventories and sales were up about a half a percent for august. the data are late due to the government shutdown. on the other hand business investment is slowing- a sign of waning confidence? commerce department data show business investment has stalled - a possible signal that business leaders have less confidence in future economic growth. a lot of traders spent the weekend raising glasses of champagne toasting the good times. let's talk to scott bauer, he's with trading advantage. scott, do you think it will continue when the markets open up later this morning? > >i think we're in this period

again much like we were in the summertime where good news is good news, bad news is good news. so yes i do think it's going to continue. and there's some signs out there. like oil, the price of oil which has come down dramatically over the last 2 to 4 weeks. that makes consumers feel good. that makes consumers want to go out and spend money. so albeit that revenues have not been that great coming out of earnings even though earnings have been good---i do see the market going higher from here. > >any kind of weaknesses? are we overpriced in any parts of it? > >you can pick apart the sectors but i'll use the analogy of a canteloupe and a pomegranate. the canteloupe has the entire markets covered. the pomegranate is just real small. we are seeing every sector across the board participate in this rally so it's hard to pick out any weakness whatsoever. and the fact that the banks are holding in here. we saw goldman sachs last week up by the end of the week. it's a strong market. > >you talk about that

psychological impetus from oil. that's also a technical impetus too to improve the economy and help consumers spend more. > >absolutely. we saw oil touch 96 last week. which actually is a very big number. it's a very big support number. if it hits down there again 92 1/2 is the next stop. > >alright, scott bauer you have a good day out there. thanks so much. > >thank you. in our cover story, barneys new york, a luxury retail clothing store is defending itself against allegations of racial profiling. the claims being made after two separate incidents that had police questioning african-american shoppers who'd just made expensive purchases. this week, the head of barneys is meeting with representatives from rev. al sharpton's national action network. barneys new york, a high-end retailer with stores across the u-s is accused of calling police to investigate purchases made by african-american shoppers. in february, 21-year-old kayla phillips was, questioned after buying a 23-hundred dollar handbag with a temporary debit card with no name on it, and in

april, 19-year-old trayon christian, who bought a 350- dollar belt also with an atm card, soon found himself surrounded by undercover officers. though both instances happened in manhattan, and both phillips and christian were released, their lawsuits resonate with barneys shoppers in chicago. "i would probably say there's no 'policy' but the way african-americans are portrayed in society, i can see it. not necessarily barneys, but i've been in stores and followed. even walgreens, i've felt uncomfortable." "maybe it was justified. but i wouldn't say it's a systemic problem." published reports say barneys flagship store, where the incidents happened has been hit with more than 50-incidents of credit card fraud, and that undercover police are inside. but what led them to act? "my best friend is african-

american and we've been shopping at the barneys in new york and i haven't noticed her treated any differently. (did she buy anything expensive and was scrutinized?) i don't think so." in a statement, barneys ceo, mark lee said "no customer should have the unacceptable experience described. he described "zero tolerance" for discrimination. we are conducting a thorough review of procedures." barneys has retained civil rights commissioner michael yaki to review with unrestricted access, all of barneys procedures of its non- discrimination policy. did the biggest corporate names in silicon valley conspire not to steal employees from one another in order to keep worker salaries down? that's the claim of a new class action lawsuit. the suit by 5 software engineers charges that between 2005 and 09, adobe, apple, google, intel were among the companies engaged in a

conspiracy to keep employee compensation artifically low. the plaintiffs estimate 50- thousand people are part of the class. no specific compensation is being sought. senator rand paul is threatening to block the nomination of janet yellen to chair of the federal reserve. paul is insisting on a vote on his fed transparency bill...which requires a complete audit of the fed. paul is insisting on a vote on his fed transparency bill...which requires a complete audit of the fed. the senator wants to put a hold on the nomination this week. if he's successful, it would force yellen's supporters to round up 60 votes in the 100-seat senate to confirm her nomination. yellen plans to meet next week with two republican senators who oppose her nomination. the senate says paperwork for yellen's nomination has already been submitted. just before the holidays come drastic changes in a federal program that provides groceries for millions of americans. 5 billion dollars in cuts for food stamp take affect this friday. emails and letters warning of the change have gone

out to families. a family of 4 that gets the maximum monthly benefit of 668 dollars will receive 36 dollars less. almost 48 million americans - nearly 15 percent of the population buy groceries with food stamps. one year later, victims of superstorm sandy are still waiting. small business owners and residents who applied for grants to help rebuild after the storm have not received money or only a portion of funds promised. nearly $5 billion of the $50 billion pledged have been used by cities and states. the hold-up is in a cumbersome process that directs federal relief funds to states and eventually to recipients in need. one new york council group is developing an online database to help identify recipients and move money to them, faster. the white house has vowed to find a cure for technical glitches that have overshadowed the open enrollment process of the new health care law. the obama administration has named a general contractor to fix the health care site and says the task will be completed by november 30th. former office of management and budget director jeff zients will run the

project. he says the healthcare.gov website is fixable. meanwhile, consumers might use the delay to learn more about the health care law. a bankrate study finds almost half of uninsured consumers still aren't clear on what it can do for them. "so i think that points to a failure of the messaging. a failure to communicate to people where they can go to learn about the law and how it can impact them." republican lawmakers are threatening to issue a subpoena for documents addressing heathcare exchange glitches. they say they are giving heath care officials until tonight to hand over any material. salaries in asia are surging. china daily reports executives in the asia pacific region have the highest salaries in the world. base pay for some top execs tops 243 thousand dollars. chinese companies are reportedly trying to hold onto top-level talent due to a severe management shortage. here's some good news. have you noticed -gas prices are falling. oil futures are trading

near one year lows. while this is typically the season where consumers get a price break, phil flynn of price futures group says lower fuel costs could become the new norm. " it means a new era of lower gasoline prices, something we have called for for a long time. booming us oil production, expanded refining capacity means we are in a new era. an era in which gas prices will only go in one direction: up...but instead will go down. so i'm very optimistic about our future." though small & unexpected events can send prices higher. currently the closer you are to the midwest....the pricier gas is. thats due a refinery fire in illinois last week, that hiked chicagoland prices by 15 cents a gallon. regulators are pulling the plug on a tesla investigation. earlier this month, this video surfaced of a tesla model s that caught fire. after mounting speculation, as well as a nearly 10% drop in tesla's stock, the national highway traffic safety administration says it did not discover any safety faults in the electric vehicle to warrent further investigation. toyota has been found at fault

for a 2007 crash that killed a passenger and injured the driver. toyota is blamed for unintended acceleration and was found guilty of "reckless disregard" by an oklahoma jury. that jury awarded 1.5 million dollars each to the injured driver and the survivors of the woman killed. toyota has already agreed to pay more than a billion dollars in a separate class-action suit for the unexpected acceleration of some of its cars. united airlines is facing fines from the department of transportation. the airline will pay $1.1 million for 13 flight delays in a single day last year. planes were stuck on the tarmac during severe weather in the chicago area. it's the largest fine by the government since a 2010 rule limiting long delays went into effect. break out the brown shirts. ups will soon kick off its annual surge in seasonal hiring. the world's largest package delivery company expects to add 55- thousand temporary workers

to handle the holiday volume. it expects daily deliveries will be about 8 percent higher this year though there are 6 fewer shopping days between thanksgiving and christmas. airport security stations are getting a makeover. at airports in dallas-fort worth and charlotte, a company wants to make the tsa checkpoints "like a four-star hotel." instead of stainless steel benches and tables, the comkpany "securitypoint media" is adding mood lighting, couches and music. travelers still have to remove their shoes and belts, but in a less stressful "recomposure area." if the makeovers are well-received, security point plans to add them to other airports. walt disney will open its first store in china - and it's going to be its largest store. 53 thousand square feet of stuffed animals and princesses. it will open in 2015 in shanghai. beyond the retail space there will be a disney-themed outdoor plaza. and by 2016 disney will also open its first disney resort in mainland china. get ready for instant ads

still to come: some tech talk later in chart talk. paying a ransome to get your computer files back. ransomeware - the newest form of malware. and, the vast majority of americans delaying their retirement. that's next, after this in the know message.

excuse me if this shocks you but 82 percent of older americans

expect to keep working into what otherwise would be their retirement years. that's the finding of study by the associated press norc center for public affairs research. in most cases it's not because they want to - they have to. constantine von hoffman is a freelance writer and he filed a story about this for cbs moneywatch. what's the deal here? are these people casualties of the recession? > >pretty much. what you see here is that before the recession i believe the age of people retiring was around 57. now the average age is up around 63. you're seeing a larger chunk of these people who even though they are technically retired are finding that they have to work if they can really retire at all. > >i do a lot of interviews about retirement and i think that most people are just woefully unprepared for retire ment. > >that's true. 39% of the workers who are 50 and older only have like $100,000 in their retirement savings and 24%

have less than 10 thousand. the thing to remember though is 401k never meant to be what it is today. it started out simply as a tax deferment vehicle and some how it became the thing to put your retirement savings in. > >lot of people say i've got a 401k, i've got some savings, i have a few investments. i have social security and that's not enough combined. in a society where spending drives the economy it's just hard to buckle down and systematically put money aside every month. > >there's also another study by the center for public policy that found the 401k only really works for people at the top end of the economic spectrum who can afford to put money in it---enough money to make it

work. for most people, they're working to pay their bills. it's not like people are sitting around wondering what to do with their spare cash. > >sobering information we need to keep thinking about. constantine von hoffman, thank you so much. > >my pleasure. for those of us still in the working world, a new study says time may be the most important factor to finding a job you love. payscale reports baby boomers are more satisfied at work than millenials. 78% of boomers say they love their jobs... versus 66% of gen-y responders. economists say economic downturn took a toll on younger generations, and many feel they are stuck in jobs they don't like. while older generations, reported job satisfaction, after working for many years. can the tech sector continue its winning streak? thats later in chart talk. and next, the newest twist in malware - ransomeware where the bad guys hold your computer files hostage.

ehicle. when i came here, i... i couldn't move. [male announce david was broadsided on the highway. they weren't very hopeful at the time that he would survive at all.. [male announce an ied wounded mike in afghanistan. i don't remember all of the blast... was over 500 pounds of explosives. [male announce their physical injuries have healed. the traumatic brain injuries - tbis - haven't. the way i describe it is you're just afraid. am i going to start forgetting things? [male announce tbi is as serious as any battlefield injury. you're just not the guy you used to be. [male announce thankfully va has made important advancements in tbi seeing it, treating it, understanding it. and they're here to help veterans affected by it. i can see that what we're doing here at the polytrauma unit is to move from survivability to thrive-ability. [male announce if you think you or a veteran you know has sustained

a brain injury, get screened. wonder if you've heard of this one. it's another nasty malware to worry about with your computer. beware ransomware. in this case the bad guys hold your computer files hostage for - ransome. jerry irvine is cio of prescient solutions and he's a member of the national cyber security task force. how do the bad guys in this case get away with this? what do they do? > >infection of your devices is similar to any other type of infection. they usually do it through some type of phishing or email scam. > >so they trick you into opening an email file. > >absolutely. it appears to be someone you know or somebody you might have done business with. you click on it and an application runs in the background. and this application actually is spending its time while you're thinking it's doing something encrypting all of the files on your pc or on your fileserver if you're at work. it encrypts them in such a

manner that once the application is done once you try and access any data on your machine it's unaccessible. it will come up with an error message saying that in order to get access to this, send $300 or $500, $1000 to this company and they will give you a key. > >how charming. so they get away with this? if you called somebody like you to come in after the fact is it already too late? > >once the data is encrypted, you're in trouble. many anti- virus applications have been updated to protect against the application from running itself. but if that application is run, there's nothing you can do other than a restore. > >and you said before that they change the application just a little bit so they keep ahead of the virus protection and malware protection devices. > >that's right. anti-virus applications are detection based security solutions so they can only clean something when they detect it. so what these

organizations will do is they will change the code just a little bit so that the anti- virus solution doesn't recognize it. > >what if i back up my stuff, either on a hard drive or a remote network? am i protected that way? > >that's your only means of protection is backup. once it infects your data you are done. if you have that information you can do a full restore. unfortunately from the time you backed up to the time you restored, all of that information is lost. > >what's the best advice? just be hyper vigilant opening emails? > >yes. never open any attachment or application from anybody you don't know. and even people you do know, don't open it unless you know it's coming. > >jerry irvine of prescient solutions, thanks so much. > >thank you. tech stocks are looking up. why one trader is keeping a close eye on the charts. thats next. i'm going to pass chemistry, and i'll take it from there.

i'm going to do what makes me happy. i'm going to work hard. be independent. live large. make the most of every opportunity. i knew i wanted to go to college. but figuring out how to pay for it? i didn't have a clue. the u.s. department of education has over $100 billion. and that's a lot of money. to help students pay for college. and the free application? you mean the fafsa. i did it online. it was easy. i'm never giving up on my goals. i will make a difference. i'm going to find out how to pay for college. i'm going to college.gov.

will the tech roll continue this week? we have a lot of earnings numbers coming out from some of the biggest players. let's talk with andrew keene, president of keene on the market dot com. first up today we have apple numbers coming out. how do they look to you? > >apple actually has sold off

on earnings. it sold off 5 of the last 8 quarters. however, the chart looks pretty strong ever since carl ichan stuck his nose out there and said he wanted to be long apple. the chart looks very strong. they sold 9 million of the new phones. i actually bought the new iphone. i'm not impressed with it but the fact of the matter is they sold 9 million of these. i actually think they're gonna report good earnings last time the stock ralled. i think the stock could get up to $560. > >noted. i'll look for that. linkedin is coming out with numbers tomorrow. > >the way the market works, i want to trade with the trend. i don't want to trade counter trend. if you look at all these growth stocks---linked in, yelp, netflix, tesla---you can't trade these on valuations. you can trade these on the chart and it looks like they're all headed higher. so if i look at linkedin here it has pullback from that 258 high. the at the money straddle is implying the stock could get up to 265. i think it takes out the all time high of 258. 6 of the last 8 times linkedin has done well on earnings. i think facebook and

linked in are going higher on earnings. > >you mentioned yelp, their numbers come out on wednesday. how are you playing this one? > >yelp--same way. it has pulled back. it got up to 75 dollars. it was currently trading around 67 on friday. they're implied a 16% move just this week in yelp. i think it can get through the all time highs, get up to 77 dollars. like i said, you can't look at these at pe's netflix would be trading $400 if once again carl ichan didn't--- he took off most of his position. so netflix had good earnings even though the stock sold off just because of carl ichan's news. yelp is another one. i think it's gonna head higher. it's a chase performance and the growth stocks for the rest of the year. these are all gonna report good earnings and i see them all heading higher. i'm gonna be buying bull call spreads in earnings. out of the money bull call spreads on these. > >alright, some money to be made in your eyes. andrew keene, thanks. that's a wrap for us here today. be sure to join us tomorrow. one year after the devastation of superstorm sandy, how the east coast is still struggling to rebuild and recover. we hope you'll join us. from all of us at first business, thank you for watching.

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