in civil fraud charges. >> superbowl sunday is just a couple days away. we talk advertising dollars. >> some companies are afraid of higher taxes, what that could mean. >> you're watching "first business," financial news, analysis, and today's investment ideas. >> good morning, everyone. thanks for joining us. investors are rattled over economic fears in united states and europe with governments struggling to pay off huge debt loads. it's taking a toll on the financial markets this week, fears sending the dow to the 10,000 mark. >> we'll have to see if that

10,000 holds, especially with the unemployment number coming out later today. >> the government is cracking down on bank of america. we're going to detail those fraud charges, coming up. >> will the market see further losses today? let's check in. the dow is on the verge of losing the 10,000 mark. will we see further losses today? >> we might see further losses, depending on what the jobs numbers comes out at. i'm not sure the market will rally on that. it might go down to 9800, 9600. the market looks like it wants to correct. there are a lot of stories as to why the market's correcting, starting with china tightening up their credit. people feared what obama might do with the banks. there's just a lot of fear out

there, even though we're getting great company earnings top line and bottom line. 80% of the companies in s&p are beating the estimates on earnings. you had john chambers from cisco telling us how great the tech outlook was. will good jobs numbers surprise it? that's going to be tough to see. we're just going to have to watch it. >> there's a flight to safety with investors buying u.s. treasury bonds, the u.s. dollar going up. do you think that trade has legs? >> yes, we do. it very much so has legs. gold sold off on thursday pretty hard. gold used to be sort of a safe haven play, but now is risky. the u.s. dollar index is above 80. looks good for the dollar to continue. the treasuries maybe ranged out. there's a tug of war on the

treasuries. they might be somewhere between 1120 on the bonds, 116. >> thank you. >> thank you. >> bank of america took a 5% hit thursday after fraud charges were announced against the bank. former c.e.o. and chief financial officer. new york general attorney filed a lawsuit in state court thursday alleging top management hid skyrocketing losses at merrill lynch totals $15 billion at the time it was bought out. the lawsuit alleges once the deal was approved, bank of america's management manipulated the federal government into saving the deal with billions in taxpayer funds, by falsely claiming that they intended to back out of the deal through a clause in the merger agreement. the bank received an additional

$20 billion in taxpayer money to cover losses at merrill lynch. in a statement, bank said the evidence demonstrates that bank of america and its executives, including we know louis and joe price at all times acted in good faith and consistent with their legal and fiduciary obligations. it was concluded that there was no basis to enter either a charge of fraud or to charge individuals. >> in a separate development, $150 million will be paid to settle f.c.c. charges that the bank failed to disclose losses before the personallers was approved. the penalty will be distributed to bank of america shareholders. >> we are stepping away from the wall street woes to focus on advertising in sunday superbowl

matchup. from a controversial antiabortion promo to peyton manning turning up with the cast members of the jersey shore, better to take a bathroom break during a third down play than miss the commercials. >> career build are is adding to the fray of companies using commercial created by viewers to get out the company line. >> out of 1,000 ad entries, the career builder stats narrowed it down to three, then put the ads into production to be ready for game day. once fans decide which ones should win superbowl air time and $100,000. chief marketing officer said the commercials have been a hit with the company. >> we've assumed at marketers that we really knew, but when you push it out to a wide range, the wisdom of these crowds, and

the idea that you can bring really is incredible. >> he won't give us a return on the dollar investment, but it's clear to say advertising in the superbowl is monkey play when you have an advertising audience. >> we have been successful for the past five years. you don't have to go through the entire pros of going through an agency. if you're look to go cut costs that be that's helpful. you also get the audience. >> it's the monday morning commercial quarterbacking that generates buzz. >> there's not a clear way to quantify success in the superbowl advertising. we can follow how consumers look at it post game, how many you tube hits does add a get to find

out highs talking about what. >> $2.5 million is being spent for ads. commercial time is purchased in advance. cbs expect to hit the goal line with more than $200 million from this year's superbowl ad revenue. when the big game kicks off, budweiser is expecting to make a showing with its classic clysedales. >> nice pants. >> it was a tie in the cute and

clever category. >> hey, job fairy. what's up? yes it's not working out. >> ok. let's try this. no. no. no. sorry. >> doctor? >> proctoligist? fine. >> job fairy not getting it done? career builder,. >> doritos will be back with its contest. some of taking a pass on superbowl xliv. >> a lot of traders are likely looking forward to the superbowl on sunday. while the game on the field may get all the attention, an antitrust case will likely have a bigger impact on the business of the sport in the future.

a law professor at loyola university, spencer waller is with us. this case gross out of a dispute between the nfl and american needle, all apparel went to reebok, and prices on hats went up 50%, jerseys, 40%, and american needle lost 25% of their business. now play commentator for a second and break down the argument. >> it's a fight between the nfl and a small merchandise company. the nfl teams license their logos. in the old day, they licensed a bunch of different companies, starting a year ago, reebok

exclusively. for the former company, the little guy, who was one of many before, sued saying it's a violation of section one of the shareman act which prohibits agreements in restraint of trade. the nfl strategy was to say there is no agreement. there's 30 teams that compete with each other on the field, but we've creating nfl property with merchandise, that's one company. it can't conspire with itself. if the courts buy that argument, the nfl and probably every other sports team would get a complete free pass under section one of the shareman act, and would only be subject to section two, which is monopolies and firms with potential power. right now, sports team, any joint venture, anything worth

two or more businesses club rate together, but is subject to the sherman act. if the nfl gets its way, you don't get to that analysis of the effect on competition. >> you want to handicap the supreme court's ruling? >> it's about as easy as picking superbowls. the nfl took its best shot, why not ask for everything, for complete immunity from section one. my guess is the supreme court, and because the obama justice department is supporting the plaintiffs in this case, my guess is the supreme court's going to say no, you're in the a single entity for all purposes. you might be here some tests lower court take a look at this, figure it out for licensing purposes only whether it's one or 32. at the end, my guess is the nfl wins because no harm to competition, not because they're

a single company. >> thank you very much for being here. >> thanks. >> coming up on friday economic calendar, the jobs report, plus consumer credit. >> on the earnings front, quarterly reports from aetna on tyson foods. >> the 2010 outlook on the i.p.o. market. how taxes are affecting corporate america.

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>> how is the market shaping up today? >> the i.p.o. market is falling a little bit. i don't think it's going to be like it was two or three years ago. everything goes through cycles. the shock we had to the system a couple of years, there are good companies that can go out to the corporate markets and raise growth. >> you were surprised to hear that tesla wants an i.p.o. >> kind of a little bit. it might be early for that. the i. bankers who are blinging them out public feels there is enough interest in their offering and shares that they're taking them out. we'll see what that is. >> the 2010 numbers, 79i.p.o.s are estimated this year. >> i don't know exact number what it was in 2007. >> 272. >> i don't think it's going to

get there. >> merger was and acquisitions, how that is shaping up? >> everything goes in cycles. we've had companies that were trading maybe at a nine multiple in 2007 with a lot of debt and small fits of equity going into deals, that multiple has been compressed to 5 1/2 or six times a sale multiple. strategic buyers are coming into play compete, buying into those companies alongside the private equity funds. >> let's turn to the uncertainty facing corporate america. are companies afraid of the taxing and regulation that could be coming down the pipeline? >> nobody likes uncertainty. the more variables that you don't know what's going to happen make them want to hold back and see what tax policies are going to be so they can

plan. they have capital expenditures, budgeting, marketing, advertising, and they to have plan at that. >> what does it mean for job creation? can we count on these large companies to create jobs? >> that's the million dollars question. i think unemployment rates are going to stay relatively stable for the next couple of years. a lot of job reaction comes from smaller companies. we'll see the impact on their balance sheets. we all do better when that happens, but it's still early to tell. >> thank you very much, johnbizh corporation. >> coming up, viewer mail.

to help my patients avoid dental problems

i recommend act fluoride mouthwash. act works with calcium to rebuild enamel. to avoid dental problems act daily. paul and i are going to tackle two emails. one from billy bob in florida says the fed may need to be free of political pressure, but citizens have to say there musting sunshine on the fed.

greenspan policies encouraged risky loans threatening our loans as much as any convicted spy. we know that congress is in the million dollars of overhauling the financial system and up for debate is whether the fed should keep its powers. >> he is not alone in criticizing the fed, that is for sure. >> moving on to another viewer email, this from diane zengler with job creation ideas. manufacture jobs in the u.s. instead of producing our furniture in large furniture stores that is not solid wood. fisher price and toy manufacturers should make toys in the u.s. the products would have to follow our health and safety guidelines, and jobs would be produced. i see sewer greats that are

marked in india. we have scrap metal here that can be used to make the grates here. >> this is some interesting comments. i guess the big question toys what extent will companies in the united states want to create jobs. tax issues affect corporate america, and many economists believe it is going to be a jobless recovery. we'll see what that is. >> i don't think that's what diane wants to hear. >> keep your comments coming. we'll have our viewer mail segment every friday. call us or email us at firstbusinessnews.com. >> coming up, dan deming talks about his concerns with the

visit redcross.org or call 1-800-red-cross. thanks for your help. unemployment numbers. that's still to come on "first business."

demi joins us. dan, i am wondering about the jobs number comes out later today. you're an options trader. what does the paper seem to be predicting about that number? >> you break down yesterday and the markets across the board, the expect aces were high coming in for this jobs number. i'm cautious about that. it really is not a whole lot of support for this market. i've the s&p 500 coming in

around 1017. if this number is very bad, that's a possible stomping ground. there still is more down side. >> why is there so much selling ahead of of this number? >> i don't think that the number had too much to do with yesterday's selloff. the dollar looks still like the reserve currency for the world. >> thank you very much. dan deming. >> thanks, angie. >> that's it for today's show. thanks for watching everyone. have a great weekend. we'll see you monday.