embattled j.c. penney ceo in court today. the struggling retailer warring with macy's over legal rights to sell martha stewart products. courtney reagan has been covering it for cnbc. >> well, j.c. penney ceo had to put disastrous earnings behind him in order to take the stand today in the case where macy's is suing j.c. penney and marth stewart living. when johnson arrived today, he was in a good mood, telling us, he was wearing a j.c. penney tie and shirt from stafford. our producer caught up with johnson to ask about the trial and those earnings, no comment on both. back in court, macy's lawyers used many e-mails to try to show j.c. penney understood macy's contract with martha stewart living, but pursued an equity stake in the company anyway. in e-mail december 2011 johnson

it's martha stewart and j.c.ney both saying, you know what, we stand to make so much money, a litigation, maybe we lose, maybe we pay lots of fees in lawyers, but we're still going to be so far ahead of the game that it is well worth our while to litigate. >> i honestly was copy editing the billion thinking it couldn't be possibly be half a billion until i realized it totally is half a billion dollars worth of this deal. thank you all, appreciate that. >>> jodi arias, the woman accused of -- there's no gentle way of putting this, slaughtering her boyfriend. she's back in court today. also back in court, another liar, admitted liars, casey anthony. that's casey anthony peeking out from under the cover of her attorney. she's headed into bankruptcy court. what will this mean for her?  >>> after 13 grueling days of laying out her side of things and getting grilled by prosecutors an accused murderer named jodi arias gets back on witness stand today. so far she admitted to brutally killing her ex-boyfriend bought h

charles: all right, btig like apple and j.c.g. >> there's another story circulating to j.c. penney and we'll get to that later. charles: can't wait. why can't the average american investor get a piece of the samsung stock? is the company afraid to trade openly in u.s. markets? is it about security, political intrigue? or a little both. we've got the details 10:26, california is taking less money after raising taxes on just about everybody. mike reagan is here. air not surprised, we are not surprised, but it's incredible -- the first question, of course, does this make you even edge further into moving in ultimately with stuart? >> you know, i may end up, get a room ready. i mean, you look at the story that i sent back to you about california, they're taking what, 19% less money last month than a year ago. and we had this conversation on this show just a few weeks ago, when california was the fact that look at the money that just came in. my gosh, we're back in the black and we're doing great. what did i tell you? i said, everybo

this is one reason that j.c.enney is having such our time jack people just are not seeing any kind of income increases. the job market is tough. what do you think? >> everything you said is that on. we have salaries that are decreasing, prices rising, gasoline rising, no jobs out there. middleclass is really trading down. shopping and dollar stores, not shopping and middle-market stores anymore. they are strong. it's like who moved to my customers. it's gone. gerri: keep that attitude. we will come back. you will be joining our panel for the latest controversy let later in the show. but shopping, our next story sounds like science fiction, but it is reality. retailers track is on line, but now they're doing it when you physically walk into their stores. it is like a theme from that steven spielberg movie minority report were tom cruise walks into gap. ♪ >> hello. welcome back. how did that tanker got free? gerri: not quite at routine yet. hidden cameras with facial recognition that no your age, sex, even your moo

stewart said she did nothing wrong when she agreed to open shops inside j.c. penney stores despite having a long standing contract with macy's. stewart said she did it because macy's failed to maximize sales of her items. >>> let's take a look at how shares of both of those big retailers did today. one year ago j.c. penney sold for $42 a pop. now a little under 15. >>> two weeks after yahoo!'s ceo and new mom told any employee who works at home to come back to the office. best buy has put an end to flexible hours as well. employees at its hours outside of minneapolis no longer allowed to set their own work schedules or decide how often they show up at the company's richfield, minnesota headquarters. >>> this is the rising tide lifts all boats of market focus. first up let's tell you about google which set another all time high for the second day in a row today. $838.60 a share. $17.10 higher. widely held stocks in different parts of the economy, apple,pl caterpillar, ge, kraft foods, exxonmobil all advanced. >> qualcomm is raising their dividend by 40% and beg

can she sell products in sort of a martha stewart in store store in j.c.. >> particularly macy's believes that they were given exclusivity on certain product lines and what they're trying to do is make sure those products are not sold in j.c. penny's, which they view as a major competitor. >> certainly someone who's brand is about neat and tidy, her business dealings looking a little messy and are being aired in court. shs what her company told us, quote, this is a contract yul dispute, written to allow mslo to sell a broad range of products in jc penney. e-mails from the penny's ceo and the terry said he hung up on her and was sick to his stomach. >> the real action is between macy's and penny's. a lot of contracts, lot of lawyers. >> but would we really be so interested in a contract dispute if it weren't two household sns. >> i think it's the towels and sheets that make it so interesting. >> egyptian cotton. >> very soft. >>> more than 1. 1 million people live with hiv in the united states. the keyword is live. resear researchers say they've been able t

>> more than people like j.c.e me a little mad is places like politico or washington post wrote the headlines as if ellison exploded, lost his cool, but how else are you supposed to talk to somebody like sean hannity? facts don't matter with him. i was actually really rooting for ellison for going at it all the way. i love it. cenk: one quick thing about that. oh the 6 trillion, but bush handed him $10 trillion deficit which he never talks about. anyway but those are facts. we'll come back with one final important point. when many soles pass through the most trodden areas of your home your vacuum doesn't always pick up what's left behind. only the resolve easy clean system has foam power to stop dirt in its tracks. it penetrates deep within your carpet removing 3 times more dirt than vacuuming alone. leaving the busiest areas of your carpets, truly fresh and clean. the resolve easy clean system. don't just vacuum clean. resolve clean.

standard and poor's cut j.c. penney's credit rating into junk territory, calling its fourth quarter results, "extremely weak." but the gap had a strong holiday season. earnings were up significant from a year earlier, and two cents per share better than estimates. sales and margins improved. after closing up 1.3% during the regular session, the stock added another 2.5% in extended hours trading, putting shares near $34 per share. the company raised its quarterly dividend. book store barnes and noble. shares gained another 3.4% putting the stock at its highest price since december. while stores saw a better sales mix of higher margin items, revenue was down and sales from its electronic book device "the nook" fell 26%. still, shares have continued rallying since the company's chairman proposed buying the company's retail business. three of the five most active traded exchange traded products ended lower, with fractional losses. the short term s&p 500 volatility note regained 3% as the broad market waned in the fin

vmo capital says that j.c.s continue. the word bankruptcy in the same sentence with j.c. penney puts the stock down. and smith foods, urged to break itself up and it's up a little bit. 3%. ho-hum response to the blackberry in the u.s., goldman sachs cuts the stock to neutral from a buy, said its disappointing launch of the 10. and telecom services provider otelco. and losing the first part of a drug patent case. apple bought a silicon valley start-up mapping for smart phones. and apple is now to 466 per share. the dow jones industrial average, we're up 28 points this morning, 14,540. quickly let's go through some of the other big stories we're watching for you today. number one, new york's mayor bloomberg and we often refer to him as nanny bloomberg. i'm going to say his nanny way ways are maybe a good thing? i will explain myself at 10:50. and a new report suggests that 250,000 people a year die from too much salt. is this just another scare from the medical establishment or the critics of the medical establis

j.c., which retail do you like here on a technical side?like walmart right here because they're taking a direct shot at amazon. they're testing this new delivery system and investors are already pushing the stock higher. take a look at the chart between walmart and amazon. they've moved pretty much in lockstep for the majority of 2012, until the fourth quarter, where amazon started slowly pulling away, with walmart selling off. now, with this new news and this new competition towards amazon, walmart is slowly moving higher, as investors are committing capital to this stock. you know, look a shorter term chart of walmart. one year, you see a nice rounding recovery from the fall of q4 in 2012. i think this has upside potential and we'll look to take it to 2012 highs here. >> j.c., let me jump in here, pal. >> you do that. >> i actually really disagree with you here on the walmart and respectfully so, but i have a plethora of reasons why i don't like walmart. and yes, i did just use plethora. let's first and foremost start with the 52-weeks. o

we should look a j.c. penney. the sticking up for his boss saying beleaguer ceo brian johnson is not going anywhere adding that the retailer's turnaround plan will take a lot more patients from investors. let me quickly check at the moment. what is interesting to know about that is it, too, is hired at the moment. j.c. penney notwithstanding the gains for retail stocks. we should let you know that the latest retail sales numbers, consumers are still taking up their wallets even with less take-home pay. we are keeping a shot on the balcony, of course here at st. peter's basilica because we don't know when this announcement is going to be made. we know their is a pope. for those of you who heads the -- just tuning in, yes, we did get the white smoke, which is a very big deal. we know their is a pope. as we wait to year the front runner and the winner really is we should let you know that he is being fitted for the clothing that he will wear it for his entire term as pope. the term goes until he passes or in what had

. >> j.c.ugh week after the stock tumbled after the company reported big quarterly loss. does not get any better today. he takes the stand in a case over mark the store living products appearing in j.c. penney. macy's claims that they have the exclusive rights to the brent. the largest shareholder of a mature ccbrand >> the largest shareholder of pathe metro pcs paulson and co. says that it will vote against a proposed merger with t mobil. metro pcs shareholders are due to vote on the deal on march 28th. pauson and company owned almost 10 percent of metropcs stock. >> the ceo of the on-line deals pioneer groupon has been fired. andrew mason was fired just one day after an ugly fourth quarter earnings report. mason went out with a little sense of humor sending this message to the employees. " after four and have intense and wonderful years as the ceo of groupon, i have decided that i'd like to spend more time with my family, just kidding-i was fired today. if you are wondering why, you have not

macy's is claiming exclusive rights, j.c. penney actually own 17% of martha stewart living.et close, gunmaker's smith and wesson is expected to report strong quarterly results. the sales of surge in recent months amid speculation about new gun control laws. >> santa clara sheriff's data collected more than one hon 1100 firearms during this weekend's gun buyback yvette. it was one of the largest cash funded buybacks and the bay area at. in total the bid gave out $150,000 cash to those adjourned at hand guns, guns, rifles and assault weapons. today and on the seven district attorney was so the public what kinds of assault weapons were taken off the streets are the weekend. >> a memorial continues to grow for a teenage girl who was hit and killed by an accused drug drivers and san francisco's sunset district. 17 year-old hanren sachang was crossing slow to boulevard on saturday night when she was struck. weston and numbers as many people are trying to cope with the devastating loss. >> police say the driver of the car did stop at the scene but was arrested on suspicion of the w

domestic maven testified tuesday that she was shocked macy objected so strongly with her product deal with j.c. penney, saying it boggles her mind to be sitting there. >>> meanwhile, a new report from the u.s. census bureau reveals at least 600,000 workers commute at least 90 minutes and 50 miles a day. >>> the best way to jazz up that drive. in a ferrari hybrid. the ecofriendly car was revealed at the car show along with nissan's crossover. >>> talk about the ultimate way to cut wedding costs. "the new york times" reports internet marriages are on the rise where people want to marry a partner from their homeland without match making trips to abroad. >>> well, your sports headlines are straight ahead. >>> plus, how did a woman steal not one but two police cars before being apprehended? you're watching "early today." >>> and now to some other stories that caught our eye this morning. we start in new jersey with a wild interstate police chase. a young couple injured an officer, rather, after stealing his empty police cruiser while he worked a traffic stop. the thieves were stopped in philadelphi

. >> the j.c. penney has been up the last few days on storied rumors they think are kind of ridiculous. there was an interesting article about why that's ridiculous and how maybe they could gain liquidity, but rent expense would increase. i think we're back to the fundamentals of the j.c. penney story which are terrible. >> mike? >> we're still seeing follow on negativity from the bad earnings report and also they're talking about cutting air travel to asia as basically their customers are moving to less expensive international freight services. but it's just a lower margin business and i think that's going to last for a little while. >> keith? >> one of our top themes is housing hammer. if you look at the housing stocks, lennar and kb homes, if there's a crisis, somebody better tell the home builders. >> and a pop for horses? >> what? >> good news for swedish cuisine. you can dine on horse-free fare once again, according to the company's head of foods, who claims new measures are in place to check

liz: everyone keeps hoping for j.c. penney. and glad you made that point. thank you for playing. liz: cheryl and i in our easter pink having fun with the data wizard. thank you. can a higher power on this easter weekend, perhaps, bring you higher returns? the epiphany find has this unique investment strategy that we wanted to show you. it is saying social returns plus investment returns equal pro return. we bring in san solid been no. joining us now. welcome. thank you for being here. let's get to hell a stock makes it into your fund. what is our metric when it comes to, as you say, faith and family? >> we always start with the faith and family values. and so the total universal screen and a screen for exclusion, but then we add it -- where it really takes life is the point total. one hundred would be a stock that is very additive. zero would be one that is not. and then those points are combined with traditional qualitative and quantitative measures to come up with a set of securities to purchase. liz: okay. number one is human rights and economic justice,

the group, which would include ex-mouseketeer j.c.ogether, she said you sound really in sync. ding ding ding. they moved into a house in orlando. they recorded their music in a secret hideaway nearby. >> it's almost like we're in the fun house. >> right? that's kind of what it was. it's got like every lux luxury you can't imagine. >> life for justin in the house. >> he had already done the mickey mouse club. the difference was during the daytime if we didn't have anything to do, justin would have to be in the dining room with his tutor, you know, taking classes, doing school. >> six hours a day? >> yeah. he would outwork anybody. >> driven, driven, driven, but he's the hardest-working person i know. >> the hard work would eventually pay off. after two years of relentless touring overseas, they hit it big in the u.s. with a disney concert special, filling in as a last-minute replacement for the back street boys. ♪ how can it be >>> it just so happened the guys were in orlando and ready. when that called was made to disney to say, hey,

j.c., let's start with you. who do you like better? both, none? what do you think?> bill, i like both companies and i like both charts. but if i had to pick one of the two, i would pick bank of america. bac was a horrible chart at one point and now it's a beautiful chart. if you look over the last three months, it traded in a nice consolidation zone. and after the results yesterday, we're seeing tremendous buying pressure coming in. investors want to own it right here and they don't care what price they're paying for it. it's up 4% on the day. technically, where can it go? we like it up to 14. once we start getting to the 14 area, then we can start looking to the 2011 highs in the 15 area. i want to be involved right here. >> zack, both of these were beaten up during the financial crisis. they've got new leadership now. who do you like best? >> beautiful charts are like looking at the teeth of an 85-year-old guy and say, wow, you've got wonderful teeth, i so don't want to be an 85-year-old. i feel like the banks are simply not the space up to be in this market, even

is injured, but with a gunshot and they have to go to our county hospital, it can cost up to $50,000 j.c. to take care of that person and certainly all the costs involved in public safety whenever there is a gun used in a crime. >> 114,000 of an available 150 thousand dollars was paid out today. >>> a desperate search in hayward, family members of a 29-year-old woman who vanished ten days ago are growing more desperate to find her, about you they're not letting up, have been pounding the streets. monty francis is live in the south hayward b.a.r.t. station with an update. >> reporter: good evening. there have been two possible sightings of samantha on b.r.t. trains, so the family is searching the whole sim. they're hoping someone will recognize her. family members posted missing signs on mission street in hayward tonight, hoping and praying 29-year-old samantha tuya will run home safe. >> i don't know. wherever she is, i hope she's safe and comes back. i hope nothing bad has happened to her. >> reporter: family members last sought her on february 19th, leaving home for a job interview. he

. > gatorade and j.c. penney are just a couple of the companies that are using independent guys. what companies are on your list? > > we work for almost every brand that is out there. we have done work for cadillac, for apple, for gatorade, you name it. most of those types of brands are very active in broadcast and digital work, and there is always a need for music, so the phone rings a lot. > i'm curious, how much does one make when selling a jingle? > > there is quite a range. for a non-exclusive license, meaning that other people can have access to that same piece, and it wasn't created specifically for a campaign, it could be anywhere from $5,000 for a license upward. and then for a custom song can go into six figures. it just depends on the usage, how often it is playing, and the territories of that usage and what went into creating that piece. > do people use this as a career starter? barry manilow wrote jingles for mcdonald's and state farm. > > yes, yes he did, and we had a composer of ours that was here about two years ago named mark foster, who you might know his name f

on the technical side j.c.a and fundamental side abigail doolittle with the seaport group and a cnbc contributor. abigail, would you buy either of these two banks? >> bill, perception is everything, and i think that these bank stress test results are likely to shift investor perception of risk in favor of citigroup and away from goldman sachs. citigroup looks more bullish. when we dig down on citigroup we see they have been doing all the right things, cut operating expenses and increased bad loan reserves and increased overall capital. all this makes it more likely that the fed will approve the bank's request for $1.2 billion buyback next year this. will support shares. i think we're looking at a $55 to $65 stock over the next 12 months. goldman, on the other hand, looks like a trading black box. their ratio was well below the firm's estimate. 5.7% relative to goldman's 8.6%. this does not breed confidence. investors will be nervous about this, and i think that you're going to see these shares trade off, maybe

the guys over at j.c. a really good sense of humor after one of their co-worke co-workers, elizabeth, kept asking them for a set of speakers for her computer. her co-workers granted her wish. >> i am going to change every system setting sound to play this. >> what is the most annoying thing in the world? >> they cut this clip from dumb and dumber and wait until she sits down at her desk and discovers what happened. >> what's the most annoying sound? do you want to hear the most annoying sound in the world? >> what's happening ? >> want to hear the most annoying sound in the world? want to hear the most annoying sound in the world? >> she knew right away like three clicks in she is like -- >> yeah, they got me. they got me. >>> cat ain't having it. >> this version of gayle's animal round up it is animal babies. we start

obviously j.c. penney came out, they got hammered on bad results. but then you have things like gap stores and so forth. the bottom line is, watch the consumer discretionary sector in general. don't just let individual names sway you on your decisions. and the consumer is still very much part of the markets. the sector has been strong, it is one of those offensive sectors; and i think there is a lot of those positive stories coming out, especially with what you saw from the earnings last night. > what about the automakers? car numbers are coming in today. > > right. watch the materials sector. they have been on fire. obviously china is a big push there. but car manufacturers, the gm's and so forth, ford's, have been performing very well - some of the best quarters that they have had in the history of those companies. as long as the materials sector keeps running, as long as the economy continues to move forward - and we saw from the claims data yesterday it has been better than expected - so right now, it looks like there is still upside push behind

. >>> well, a clear message to j.c. penney's investors from the top management today. their chief financial officer, ken hannah, told the conference he's not resigning and the same goes for ceo ron johnson. hannah said, quote, we're not going to run and hide. jcp shares rose for a while but remained unchanged at $15.65. they're down 20% so far this year. >>> the securities and exchange commission is allowing four of the biggest banks, citigroup, jm morgan chase, bank of america and morgan stanley to block shareholder votes on potentially breaking up the companies. the shareholder proposals had been made by corporate watchdog groups affiliated with the afl-cio and religious organizations. here's how those banks did today. three of them higher, jpmorgan chase down 12 cents. >>> nissan is recalling five 2013 models sold in the u.s. because the front passenger air bag may not deploy properly because of faulty sensors. the models are the top selling altima, sentra, pathfinder, the leaf and the jx-35. nissan did not provide the number of vehicles affected, but said there hav

important precedent has been set for other areas regarding copyright this is from bloomberg monsanto j.c. penney else of their intellectual property and in this they talk about the case before the supreme court february nineteenth a decision comes down in june b.s.a. the software alliance whose members include apple and microsoft told the court that eliminating patent protection for self replicating seeds could facilitate software piracy research universities and biotechnology companies say a victory by bowman would harm their ability to license their work in cancer research crop protection and nutrition well the supreme court is is shockingly on the side of eugenics in this case. d.n.a. works by making a copy of itself that is the fundamental basis of human life of all life on this planet here you want monsanto and microsoft to say no to life they want to own replication and only intellectual property for all copying down to the level of seeds and and zygotes of human reproduction and the ability for cells to reproduce to heal if you get cut and your body starts to heal itself microsoft

and also, you think that the item at j.c. penney is on sale. think again. company is bringing back it's a markup to mark down strategy. that's where t the prices are marked up initially and then put on sale. someone said that would never happen, i think it was ron johnson. wonder what he's saying now? let's find out how the stock is going. are we going to nicole now? >> i'm here. you know, charles, i must have woke up at a very empathetic mood this morning. i was on the treadmill, i was reading about ron johnson going back to the markup to the markdown and i almost said to myself, what is a guy supposed to do, right? he spent the last year trying to be honest and say, i don't want to give you the illusion that we're giving you discounted prices, instead, what he did, he tried to lower all the prices across the board and say, look, we're not going to do promotions, not doing coupons, just have low prices every day, come to j.c. penney and now what? it was a complete flop. the stock is down 60% over the last year. so this morning he said now what? i'm going b

and j.c. penney at 15.flights of its reworked 787 battery system, maybe the end of this week, maybe over the weekend. and boeing is now at 85. visa may impose a fee on digital wallet operators like paypal following rival mastercard. visa dead flat on that one. in the early going, there you have it. 14,451 is where we are. all right, what's next? the price of oil. we're at $92 per barrel. we're down 63 cents and here is a question for you. is college worth it? going into tens of thousands of dollars worth of debt for a degree with no guarantee of employment? i say no, it's not worth it for many youngsters, i say it's a lousy deal. does john stossel agree with me? he's next. ♪ you make me want to shout ♪ ♪ throw my hands up and come on now ♪ ♪ don't forget to say you will ♪ (announcer) scottrade knows oure and invest their own way. wi scottrade's smart text, i can quickly understand my charts, and spend more time trading. their quick trade bar lets my account follow me online so i can react in real-time. plus

important precedent has been set for other areas regarding copyright this is from bloomberg monsanto j.c. penney else of their intellectual property and in this they talk about the case before the supreme court february nineteenth a decision comes down in june b.s.a. the software alliance whose members include apple and microsoft told the court that eliminating patent protection for self replicating seeds could facilitate software piracy research universities and biotechnology companies say a victory by bowman would harm their ability to license their work in cancer research crop protection and nutrition well the supreme court is is shockingly on the side of eugenics in this case. d.n.a. works by making a copy of itself that is the fundamental basis of human life of all life on this planet here you want monsanto and microsoft to say no to life they want to own replication and only intellectual property for all copying down to the level of seeds and and zygotes of human reproduction and the ability for cells to reproduce to heal if you get cut and your body starts to heal itself microsoft

j.c.ek after the stock tumbled after the company reported a big quarterly loss and it does not get any better today. he takes the stand in the case over martha stewart living products appearing in j.c. penney stores. macy's claim it has exclusive rights to the brave. and the largest shareholder of metro p c s paulosn and company says it will vote against the proposed board with teeth mobile. metro p c s. shareholders are due to a vote of the deal on march 28th. paulson and company almosy owns almost 10 percent of metro p c has stop. >> the san francisco woman accused of a fatal crash in the '20s aree twin peaks area gs charged in court this is video from earlier court appearance. gina eunice faces charges which include the killer manslaughter and driving under the influence. police say, she was intoxicated when her vehicle slammed one of the victims later died. our bill is set for $2 million. >> police say, the suspect in the las bay issued in deadly crash last week is now in custody inamm

j.c.y stores. macy's is claiming exclusive rights. j.c. penney actually owns 70% of markers toward living.martha stewart living. >> after the market closes, gunmaker smith and wesson is expected to report strong quarterly results. gun sales of surged in recent months amid speculation about new gun control laws. >> santa clara shared said they collected more the 1100 firearms during this weekend's gun buyback of debt. it was one of the largest has funded bad backs and the bay area. the event offered up to 1 under $50,000 in cash to those who turn did handguns, shotguns, rifles. at assault weapons. today at noon the county's president, a share, a district attorney will show the public what kind of assault weapons were taken off the streets over the weekend. >> 512 is the time. thank weekend. mom, i invited justin over for lunch. good. no, not good. he's a vegetarian and he's going to be here in 20 minutes! [ mom ] don't stress. we can figure this out. ♪ [ male announcer ] get the speed to ma

costco good, target good, wal-mart good, j.c.nd money the economy falters. >> i feel like at mcmahon, you are correct sir. we do pay attention to that. >> do we have and it's all coming out tomorrow? >> the most lanes/mob ever in the york for people. samsung employees. they're coming out of the phone tomorrow and it has samsung aquiver in. it is one-fifth of th10 years ago they we need t new products. >> the intent was sounds of all is the son was steeper than the five phones do you think that will help apple out if they have in the less-expensive iphone? >> yes i do. we go is a good success partner. sam's and has a good partner. did i were to marry samsung or apple i would do well. as long as i don't marry nokia. they aren't bad, motorola is dead. samsung and apple are the two players. it is not a pie they make, and is not a pie they get. i is good. they are the two best pipe makers if you get what i am saying. i do with the season at delays and high of apple or samsung or go with what's next. we need be innovation. >> thank you

j.c. penney down substantially, more than 9%.n he threw that out there in the courtroom. take a look at macy's. 41.79. dennis: martha hasn't felt this loved in years. they're talking about this brand new for the legal spat. cheryl: the brand in macy's, he's told me in the past, martha, besides the friendship, was one of the biggest of the store. a history making day. a new all-time high during the trading day today. where are we going to go from here? 3 1/2 hours to go. stay with us. dennis: cyber threat. week long series continues with a troubling look how vulnerable your own bank account may be. ♪ >> there's the dow 30, merck, coca-cola in the red. best performing stocks since 2007, home depot, ibm, the worst? alcoa. bottom of the hour, and, of course, stocks now every 15 minutes. we got nicole on the floor of the new york city stock exchange who knows all of this and more. nicole? >> a day like today, so many people waiting for the all-time record highs, spoken of it so many times, dating back to 2007, and we went through a ve