and preposterous is, i believe, the word dan loeb used. >> in the past, did the regulators want to behe guys who say, oh, we missed this one? >> once again, icahn doesn't think regulators will act. once again, great job to you, scott. >> thanks, mandy pz. >> big money-making bold moves. kayla has been doing whale watching. what are you seeing. >> maybe more behind the scenes that herbalife, that for sure. but the most notable move was in apple. big hedge fund managers are setting up on either side of this trade, nearly a dozen funds dumping apple completely. dan loeb's third point and league leon cooperman, and leon keeperman selling apple and adding facebook instead. there are a few more in that list but those are the notables. we should note though many funds bought the stock in 2010 when it was in the $300 range. they are definitely taking profit off the table. some funds just decided to trim holdings. among those julian robertson and philippe la font. but bulls stood their ground with profilers claiming this will go up, foeting with dollars that other guys are wrong. apple nearly

are you making anything of the dan loeb news there, jordan? >> not really. if he thought the prospects for yahoo! or investment was different, he wouldn't have is you sold just 11 million shares, would he have sold the whole thing. that's not what is happening here. what is happening is yahoo! is finally getting recognition for the asset value it has to 24% owned yi yahoo! and yahoo! japan from itself has been on a tear. in addition, the company bought back nearly 1.5 billion worth of shares in the fourth quarter. and that's more than double the -- or about double the 750 million hours looking for and i was aggressive with my assumptions. they continue this, then from a sum of parts basis, valuation will almost be forced to go upward. both because the company taking any shares from weak-handed shareholders and retiring them. and because the denominator, if you will, the value of the assets goes up or stays flat to up only a little bit, but the number of shares goes down to say 8 or 900 million. stock is almost forced to go up. >> you say in your report, quot

ackman and icahn in particular and to a lesser extent dan loeb has used cnbc as a pulpit to share theirh has been interesting and enjoyable. who knows what will happen today. we'll get more details at 11:00. i would bet the hedge fund managers will be on the call and i'll bring you the update. >> kate, we'll let you get set up for that. >>> the cyber threat is growing. a number of corporations reporting they have been the target of hackers. apple, chrysler, burger king among them. mcafee is out with new cyber threats reports today. the chief technology officer for mcafee joins us now. great to speak with you. >> thanks for having me. >> not surprisingly, mobile platforms are the greatest new threats for people out there. i'm wondering, for consumers out there, who do a lot of mobile banking, check their facebook on mobile devices, basically do everything on mobile devices these days, how big of a concern is this? what sorts of damages are we talking about? >> well, we're really starting to see the rise of it. to date we haven't seen massive exploitation of this platform. but over the la

ackman and or the weekend i reported dan loeb had trimmed a bit of his stake in herbalife as well. since the beginning of the year and seem to be increasing here as we're speaking. a gain of 1.33%. a little drama has to hold until tomorrow because the conference call for this company is not until tomorrow morning at 11:00 am reason. we'll see if the company addresses either. the drama will continue. we'll send it back to you. a heat on the top and the bottom. full-year guidance better than the street had been looking for as well. >> thank you very much. >>> coming up, our panel of wall street's finest will be here with a look ahead at the market action and we less also talk about where the next blockbuster deals lie. we're back in a moment. stay with us. scalpel. clamp. glitter. [ male announcer ] staples makes it easier to get everything your business needs. even custom banners. and now get 50% off banners and posters. staples. that was easy. and now get 50% off banners and posters. today is gonna be an important day for us. you ready? we wanna be our brother's keeper. what's numb

dan loeb sold his entire stake in apple.again you see guys setting up on each side of these things. einhorn's green light also by the way, new stake in google and upped his stake in microsoft cut his holdings of yaw hue. loeb's stake in herbalife. carl icahn, we had been waiting to hear about this. people were wondering if he was actually an investor in herbalife after that entire deal back and forth with ackman. turns out, yes, he did take a nearly 13% stake in herbalife. as for berkshire hathaway. it took a new stake in averager daniels midland and verisign. it also increased its stake in general motors and precision path cars. and breaking news from scott wapner who joins us on the phone. a little bit more insight into what's been happening with herbalife. >> i do, becky. good morning to you and joe and andrew, as well. the first public comments now made from bill ackman regarding this massive position that carl icahn has taken in herbalife. bill telling me the following. we invest based on a careful analysis of the facts

dan loeb. the japanese currency for a long time. it is interesting, a little bit like apple, in that people are starting it pile on just like any kind of investor bought apple, in the end before it collapsed a few months ago. same thing happen where all kind of investors i'm hearing about. getting excited. and it makes me concerned about it. >> all right, so exactly. that is the next question. at what point does that trade reverse? because so much of the big money is in that trade. and because we've seen recent actions by the bank of japan. changes in monetary policy. all of that has affected the trade. >> you know, what is interesting, is some of the smart money. guys like george's firm, he doesn't run it day-to-day, but he is involved at 84 years old. they hold on at bearish positions. so i have talked to some hedge funds who are taking money off the table. just as many are add ting to th trade or waiting for a pull back. they say they will get on it themselves. so i could see the yen weakening much further here. >> what do you th

and interestingly carl icahn and bill ackman are among the top four that you do follow, along with dan loebwalk us through some positions that you're most optimistic about? >> one i like is dine equity, a position by a fund karld called marcato management. i hop and appleby's chain. pure royalty stream. the company is doing great, a lot of cash flow. and the thing i like about this, it's not an activist situation where you're telling management they're doing a bad job. they're doing a good job, there's so much cash, they just need to figure out the best way to use the cash. and marcato is proposing a $6 dividend. >> we're just about out of time. i want to run quickly for the viewers out there through your other picks. agriem, and also motorola solutions for value act capital. ken, great to see you. >> good to be back. >> time now for pops and drops. a pop for gmc up 10%. karen. >> yeah, this is a great earnings release for gmc. also seems to be kicking in. it's not expensive here either, but i wouldn't chase it today. >> pop for the vix -- or drop for the vix, 2%, which is interesting. sorr

reason i think it eelgs not a fraud is, number one, i have a very close personal relationship with dan loebho doesn't believe this is a fraud. number two, the company has made it for 30 years. now, you can say, okay, bernie madoff made it for 40, but it's a totally different type of company. and i think bill is going to be wrong on this. but i think he's a super smart guy and will start to fade this position if he's wrong. >> mike khouw, want to get you in here in terms of the options traders. are they siding with this bill ackman pain trade, in other words, siding with carl icahn? >> well, the top ten most active options in herbalife today were all calls, so, i think they're sort of going with the possibility that he's going to get squeezed a little bit here and there's room to the upside. basically, everything 37 to the 40 calls, all these things were trading quite actively. so, i think that obviously they're looking at it. there's no much risk of a down side shock, but there is some possibility the stock could move to the upside if carl gets some action. >>> time is still ticking down un

it's funny, if you're an investor, in dan loeb's fund and you're an investor in ackman's fund -- >> youink by default you probably lose money. >> depending on what the banks. loeb realizes gains. >> i used to think >> if you had $100 in each fund, and they started at the same price. >> but they didn't. >> but they didn't. >> they didn't start at the same price. that's why -- >> because i know a couple of investors who have investments with both investment managers. >> dynamic. >> all right. when we come back, we're going to be talking more about putting the tesla's "s" to the test. cn cnbc's phil lebeau doing a test drive after a little bit of controversy last week on how far the car would go when fully charged. he left earlier this morning. and we're going to get an update in the next hour. plus cnbc contributor richard bernstein was on the lookout for this recent wave of mergers and acquisitions. we're going to friend out if he thinks the deals could keep flowing and what it means for the overall market. ♪ [ male announcer ] how could switchgrass in argentina, change engineering in du

how about the fact that dan loeb seems to be less of a factor in that. >> he may have sold a few sharest know. >> hedge funds sell. carl icahn -- can i just say, because you're with me, that i still revert to the icahn, that battle of the titans, the no shame rich people have no decorum. may still be the single best thing business interchange i have seen. ever. ever. >> one can only hope there's more to come one day. >> i think you own that story. >> what, four weeks ago, from right here. >> it was on yesterday. >> they fascinate me. as i've said many times, especially for mr. ackman as opposed to the fundamentals of the -- >> you stare down bethlehem steel, i'm looking for an analogy of what your show was like. truman in the rails. develop steel. >> just when it goes off like this, it's -- >> right. >> this floor was an interesting place to be that day. >> that was the best. >> should we mention a couple of other stocks moving. lowe's up, not that much, but what, about -- >> i've got it down. >> oh, it's down. >> the rebuild is the fema money hasn't even hit yet. >> bigger movers are m

but more fascinating to me in terms of the battle between dan loeb and bill ackman, perhaps icahn and they battle. and ackman's investors. i still continue to wonder whether having watched that on television, watched what he's done here, whether there perhaps is newfound reluctance on their part and what it could mean for any liquidity issues that they might face. herbalife fundamentals continue to battle, and this other battle, as if not more interesting. >> to put this year in super speck tiff. the dow has gained more points this year than it did all of last year. 905 points so far this year. 886 last year. here at the big bort, ellie mae for the mortgage industry, and the nasdaq, grace maine representing queens, new york. >> all right. >> yes. >> says the boy from queens. walmart downgraded from jpmorgan today to neutral. talking about how some of the low-hanging fruit has already been picked. because they're so big, they advise going to more aggressive on a target. >> hard to make a lot more progress. they make the point that we made many times, walmart had a great year last year