barry rosenstein is my guest, and a lot of battles behind you, but interesting you haven't been battlingsince then seven in a row where you've taken a position and more or less it's gone the way you wanted it to. is it that you're such a tough guy and nobody wants to fight with you? >> that must be it. actually, we've had a good run. i would like to say it's gotten easy or we've gotten better, but the reality is companies are fighting smarter. i wrote an op-ed piece a couple months ago on this topic. today the battles are not the companies versus the activist. the companies have realized they're just alienating the base if they fight. instead they're doing the right thing, trying to figure out the right solution and do what's best for the company. it's no longer company loses/activist wins, everybody wins. >> except if the board and manage, for example, ebay, where there was a recent fight, if they disagree with the strategy being proposed, don't they have a right to do that and make their case? >> yes, the ones we have been involved in, we don't get involved unless we have concrete idea

. >>> and exclusive interview with barry rosenstein, from the active/passive -- it's one of those two brian and the halftime crew will be back right after this. vé >>> i'm hampton pearson reporting live outside the supreme court, where the nine justices have just concluded hearing oral arguments in a challenge to the aereo online video service brought by the four major broadcast networks. a key takeaways, definitely the justices are conflicted and frankly skeptical of aereo's online video service technology. they're expressing unease with aereo, but expressing concerns about the broadcasters' challenges and arguments. they're concerned that the broadcaster challenge could hurt cloud computing industry going forward, but as one of the justices, steven breyer pointed out they could tool and leave the broader question of what about cloud computing for another day. all in all, spirited argument, high skepticism about aereo's claim that it's basically consumer oriented. justice roberts and others several times asking how are we to conclude that your technology is nothing but an attempt to