breaking news to brian shactman, nfl bounty case. brian. >> nine months after this story broke, paul announced he's vacating all penalties on four players. they are exonerated. the key here is the players were not in favor of tagliabue doing this. spent three years, 50,000 pages of documents indicting players. they exonerated them. two of them might return to play this season. >> thank you very much, brian shactman. >> to nasdaq, bertha coombs following big movers there. we have the advance there as well. >> we do. nasdaq 100 outperforming thanks to apple's recovery. off of the highs of the day. nonetheless it is contributing about a third of the outside impact to the nasdaq 100. facebook will be added tomorrow.

>> let's send it over to brian shactman. brian? >> harley-davidson, hog, positive mentions at citi, saying the checks in october didn't have negative impacts from hurricane sandy. in fact, their sales could be double digits to the upside for that month. the stock up about 25% year-to-date. melissa, back to you. >> thank you very much, brian. coming up next, former chair of the economic advisers. glen hubbard joins us from new york city. hear why he says the fiscal cliff debate may not be about economics. >> the former governor of michigan will be here with his latest read on ceo sentiment. and how he feels about michigan now becoming a right-to-work state. more from the street when we come back. [ male announcer ] this is steve.

here is brian shactman with his sports predictions for next year. >> let's start with sporting stocks. under-armor has a market capital of $5 billion. nike, almost 45. jpmorgan recently initiated ua as underweight, but the upside glossed over is the exact reason the watch the stocks. women, international and footwear, all huge opportunities and they'll start to get them going in 2013. one of the big stories at the winter meetings here in nashville, tennessee, alex rodriguez and his injured hip. my prediction for 2013, he will not play a single game the entire season. but don't worry too much about a-rod, that $114 million he's still owed, he will get every single penny. >>> finally, hockey. deal or no deal, the nhl is still in trouble. the major profit issue is this. 30 teams. that's four too many. pull out the ten with the lowest

first brian shactman goes first in goal with the man they call johnny football. >> scott, this is one of two heisman trophys that belong to johnny manziel. of course, the texas a&m quarterback winner of the heisman trophy will replace the statue with the real one coming up. it is as heavy as they say. [ male announcer ] when it comes to the financial obstacles military families face, we understand. at usaa, we know military life is different. we've been there. that's why every bit of financial advice we offer

good morning, i'm brian shactman this is "way too early." a lot to get to this tuesday, including new developments in the fiscal cliff negotiations. of course, with the year-end deadline less than two weeks away, the country's entire attention seems to be shifting to newtown, connecticut with lawmakers putting a renewed focus on gun control. first signs of a changing dynamic in washington. many believe friday's unspeakable acts in connecticut could mark a tipping point. the "washington post" reporting that president obama ordered cabinet members to order proposals to curb gun violence, a push that could include a new ban on assault rifles. sources say vice president joe biden will spearhead that effort. still the white house press secretary jay carney wasn't ready to unveil specifics. >> it's a complex problem that will require complex solution. no single piece of legislation

. >> brian shactman, thank you. as congressional leaders still struggle to reach a deal ahead of the fiscal cliff, let's look at how the municipal bond sector could be affected. chris, great to see you. >> great to see you. thank you. >> there are a lot of investors who are absolutely panicked over this. what is the best case scenario in terms of the tax-exempt status for municipal bonds? >> i think it's a virtual certainty you'll get some type of tax change from congress. the question is, what kind of changes are they going to make. that has the market concerned to the extreme. you've got to have some kind of certainty in terms of the tax regime in order to have a functioning, efficient marketplace. >> sure. go ahead. >> at the moment, the theory is that the most likely change is going to be the one that emanates from the president's 2013 budget document, which would place a 28% cap on deductions and exclusions, which would include, of course, municipal bonds, taxes and interest.

cnbc's own brian shactman joins us now with much more. good evening, brian. >> hi, larry.is the second biggest employer in the state of oregon. in fact, one of only two fortune 500 companies that have headquarters there. and basically they told the governor they want to expand and if they don't get tax certainty, they are going to be free agents and there are several states trying to poach them. the governor called a special session to pass legislation that says any company, nike, that spend $150 million in new investments over five years could get what they call single sales factor status. i want to explain it to people. that is taxing nike based on in-state sales, not just the combination of sales, real estate value and payroll taxes. it's an absolutely sweet deal for nike. whether it's 40 years or five years, it's going to be in between that range. but it shows you how important companies are to the states and how important taxes are to these companies. it's not just about lowering their rate. they want a tax certainty. they wanted to make sure this deal stayed in place

breaking news to brian shactman, nfl bounty case. >> nine months after this story broke, paul announced he's vacating all penalties on four players. they are exonerated. the key here is the players were not in favor of tagliabue doing this. spent three years, 50,000 pages of documents indicting players. they exonerated them. two of them might return to play this season. >> thank you very much, brian shactman. >> to nasdaq, bertha coombs following big movers there. we have the advance there as well. >> we do. nasdaq 100 outperforming thanks to apple's recovery. off of the highs of the day. nonetheless it is contributing about a third of the outside impact to the nasdaq 100. facebook will be added tomorrow. watch that going into the close. it will be trading in the nasdaq, emphasis trades over at nyc. yahoo! has a mobile app for mail. today at a four-year high. that stock continues momentum. couple of deal-based stocks, trip adviser with folks at liberty interactive taking a voting and controlling stake. clear wire, david favor saying

our brian shactman is live in new york city with the texas a&m qb. brian?him johnny heisman now, too. only the fifth player ever in college football to throw for more than 3,000 yards and run for at least 1,000. johnny, thanks for joining us. first of all, how you holding up? >> not bad. i'm enjoying all of this. just taking it in stride. making sure i enjoy the moment. >> you're not talked out yet? >> not yet. >> what is it like to go from six months ago, you don't know his story, he wasn't even a starter on the team. today's "usa today," full-page ad, a bill board in the middle of times square, what's that like? >> who would have ever thought that it would come from what it was in the spring, not knowing how it would start, what was going on now. it's such a blessing to be in this situation and have so many people around and enjoy this time with my family. >> what does it say how tall you are on the program? >> 6'1". >> what are you? >> six foot exactly. >> so with drew brees in the nfl, and like russell wilson in the nfl, is it now no longer an issue to

good morning, i'm brian shactman this is "way too early." a lot to get to this tuesday, including new developments in the fiscal cliff negotiations. of course, with the year-end deadline less than two weeks away, the country's entire attention seems to be shifting to newtown, connecticut with lawmakers putting a renewed focus on gun control. first signs of a changing dynamic in washington. many believe friday's unspeakable acts in connecticut could mark a tipping point. the "washington post" reporting that president obama ordered cabinet members to order proposals to curb gun violence, a push that could include a new ban on assault rifles. sources say vice president joe biden will spearhead that effort. still the white house press secretary jay carney wasn't ready to unveil specifics. >> it's a complex problem that will require complex solution. no single piece of legislation no single action will fully address the problem. so i don't have a specific agenda to announce to you today. >> one of the nation's leading proponents for gun regulatio

good morning, everyone, i'm brian shactman, and this is "way too early," the show where you actually never know who you'll be talking to when you wake up. hopeful hopefully mika has some well needed rest and slow probably sill resting from that alabama game which was incredible. a lot to talk about this morning on the news side on monday, december 3rd, including a new initiative by schools that could have a huge impact on the amount of time your kid spends in the classroom. it may be good for parents. i don't know about the kids, though. >>> details surrounding the tragic death of the kansas city chiefs' linebacker and his girlfriend as the chiefs play an emotional game yesterday at arrowhead stadium. >>> first let's get to our top story at 5:30 a.m. on the east coast at 30 rock in new york city. lawmakers now have less than a month to compromise and avoid a year-end deadline that would trigger massive spending cuts and tax hikes at the same time for everybody. behind the scenes negotiations, absolutely at a stalemate. so both sides, what do they do? they go public on the sunday morn

brian shactman monitoring the conference. what's the latest? >> the stock is above $100 a share. conference call, it's interesting. they are a little bit defensive about china. the stock is sharply higher, but this is a mixed report. they beat by 14 cents on eps. a slight beat on revenue. 7% jump in sales, so, that's all good. north america is the real strength here and it was almost shocking how strong the double digit gains in apparel in the u.s. it's doing brutal in china and in terms of sales, they're used to double-digit gains in china. they saw double-digit negatives in china. so, the take away is, they're managing their business extremely well, despite weakness in china and north america is strong right now, so, if you believe in the thesis that the u.s. growth will be outstripping a lot of parts of the world, than nike looks pretty good right now. >> thank you for that, brian. and so some degree, we knew about the weakness in china, talked about inventories in china. >> we suffered the china weakness in the june quarter. that's where these guys -- they missed, they got de

pri brian shactman what are you watching? >> mostly green. jcpenney down. last week it's up 10%. last month up 25%. still year to date down about 42%. pretty healthy volume on the name to date. back to you. >> jcp did a lot of that 25%, i think, last week. i mean they had a huge week. >> it's all in context because if you look at that stock over twelve months, still got a lot more ground to cover. but sometimes there's no one left to tell. i try to explain this a lot on the show. >> can you -- >> very similar. you've got a shareholder base that has totally given up on the name huge short positions in these stocks, 30%, 40%. then at a certain point, the people in it, they're just not going anywhere. there's nobody left to sell. sometimes -- 40d on. sometimes that presages a fundamental turn. in the case of jcpenney i think it's just a situation where people don't want to be as short the name as they were. valuation has gotten a little bit more pollatable and maybe some longer-term people coming in. i don't think there's a fundamental -- >> valuation jcpenney -- >> people are willi

brian shactman has more. >> some calling it the container cliff.ons broke down late last week. that could be bad news from massachusetts to texas. if there's no deal, several thousand dock workers could walk off the job at 15 ports at 12:01 a.m. on december 30th. this includes the port of new york and new jersey, which is the largest on the east coast, handling more than $200 billion worth of goods in 2011. a lot of that from china. the basic issue is this. there are container royalty fees which supplement wages. the employers want the amount capped. the dock workers do not. this is such a big deal florida governor rick scott sent a three-page letter to the president late last week urging him to intervene, quote, the predicted effects of a strike on the state of florida would be devastating. it currently generated 550 direct and indirect jobs in florida and contributes approximately $66 billion in economic value to florida's economy. governor scott invoked the taft-hartley act that says the president can intervene with labor disputes that, quote, i

nathan, i'm a huge brian shactman fan. watching "way too early" at 5:30 p.m. by a slingbox in bangkok, thailand. kelly writes, what's up with all these boston guys? at least you didn't get your wardrobe from barnicle. >> we actually talked today about his tie. i said i wasn't quite in his tax bracket as of yet. there's no mustard on there, is there? i'll see you in a little bit, mr. barnicle. thank you, john. "morning joe" starts right now. >>> i think they won the election. they must have forgotten that republicans continue to hold the majority in the house. but, you know, the president's idea of a negotiation is roll over and do what i ask. we need to find common ground, and we need to find it quickly. >> good morning. it's monday, december the 3rd here in new york city. the christmas tree all lit up. with us on set, msnbc contributor mike barnicle, pulitzer prize-winnering historian jon meacham, author of "thomas jefferson." "fortune's" assistant managing editor leigh gallagher and political analyst, former chairman of the rnc, michael steele. and i'm willi

. >>> brian shactman will tell us why it could mean thousands of jobs. and a santa to boot! [ chuckles ] right, baby. oh, sir. that is a customer. oh...sorry about that. [ male announcer ] break from the holiday stress. fedex office. how they'll live tomorrow. for more than 116 years, ameriprise financial has worked for their clients' futures. helping millions of americans retire on their terms. when they want. where they want. doing what they want. ameriprise. the strength of a leader in retirement planning. the heart of 10,000 advisors working with you one-to-one. together for your future. ♪ if you're a man with low testosterone, you should know that axiron is here. the only underarm treatment for low t. that's right, the one you apply to the underarm. axiron is not for use in women or anyone younger than 18. axiron can transfer to others through direct contact. women, especially those who are or who may become pregnant, and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women ma

. ♪ >>> time for business before the bell with brian shactman. >> beautiful out there today. >> whatwe looking? >> things are looking pretty good. futures are up about 50. two-day fed meeting starts today. funny with the fiscal cliff, no one is talking about it. expecting $55 million more in quantitative easing to be announced and also fiscal cliff, i would say, just with a little bit of positive vibe. i don't want to get into too much because i think everyone is tired of discourse at this point and little bit of optimism maybe on wall street and i also want to point out, aig, and an unbelievable story in many ways. the government selling out of its shares and $182 billion bailout. the government now will make a 22.7 billion profit. >> say that one more time and let's underline that. who would have believed it? i wouldn't have believed it. say it again. >> $182 billion bailout. the u.s. government will profit $22.7 billion. they owe 92% of aig and i did not, personally, think that this would work. but robert who came in as ceo and dealing with cancer turned this company around and so

i'm brian shactman. stock futures are flat to slowly lower. fed, more quantitative easing and they're pegging interest rates to unemployment. they won't probably raise rates until unemployment gets below 6.5%. and finally, google maps back on itunes. you can get it on your iphone again. it is all of a sudden the number one free app on all of itunes. o obviously people want that mapping technology back. there's a fight for ecosystems between google and apple and amazon. it's a big blow to apple because they couldn't get the maps done on their own. coming up, more highlights from the 121212 concert and the benefit for hurricane sandy. ♪ ♪ it took a life span with no cell mate, the long way back ♪ [ male announcer ] this is bob, a regular guy with an irregular heartbeat. the usual, bob? not today. [ male announcer ] bob has afib: atrial fibrillation not caused by a heart valve problem, a condition that puts him at greater risk for a stroke. [ gps ] turn left. i don't think so. [ male announcer ] for years, bob took warfarin, and made a monthly tr