>> more on herbalife after the break.ackman after a year of work, shorting the stock, according to our cnbc's own kate kelly, he considered it to be a pyramid scheme. you don't want those words associated with your stock. >> yeah. and he is expected to announce that tomorrow. we will continue watching this for you here on "street signs." tdd#: 1-800-345-2550 let's talk about low-cost investing. tdd#: 1-800-345-2550 at schwab, we're committed to offering you tdd#: 1-800-345-2550 low-cost investment options-- tdd#: 1-800-345-2550 like our exchange traded funds, or etfs tdd#: 1-800-345-2550 which now have the lowest tdd#: 1-800-345-2550 operating expenses tdd#: 1-800-345-2550 in their respective tdd#: 1-800-345-2550 lipper categories. tdd#: 1-800-345-2550 lower than spdr tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 and even lower than vanguard. tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 that means with schwab, tdd#: 1-800-345-2550 your portfolio has tdd#: 1-800-345-2550 a better chance to grow. tdd#: 1-800-345-2550 and you can t

he said my short conviction on herbalife is expressed through equities. he said, i have no puts in this name, i have no option strategy at work here. now, this hay be a bit of a break from what ackman normally does. he does express his view through the options market. buff he says at least in this case, that's not going on. >> yeah. >> kate, it's karen. let me ask you something. though it might seem unseemly a little bit, there really isn't technically wrong with, let's say ackman were to have told people, listen, i'm going to be very bearish on herbalife some time before december. i can understand why the ceo would be unhappy, but there really isn't anything wrong with that. it's not material information, is it? >> sure. a hedge fund manager, any trader is welcome to express their views, correct? and, you know, he will be giving a two-hour presentation with quite a bit of detail about where he came to feel this way tomorrow. so, sure, i'm with you. i mean, fair disclosure. he's essentially conveying to the world that this is his new idea and he feels ver

senior research analyst who has a buy on herbalife and goes to the phone. our very own herb greenburg who owned this story on herbalife from the start, by the way. tim, let me get to you. you've got a buy. are you not concerned at all by the accusations? >> well, where do i go to get those three and a half hours of my life back? no, one central thesis of it basically says herbalife is a pyramid scheme and get there by overrides in a way that doesn't -- it is not true. royalties and everrides are generated as a percentage of commissions of real sales. >> what is missing? no doubt ackman is a smart guy. what are they missing? >> well, i don't think they are missing really anything. >> what are they misunderstanding then? >> hang on. this time, this time you're not going to talk over me, okay? >> i'm brian. herb will talk over you later, probably. >> okay. sorry. >> no worries. >> the thing that we have been waiting for is something of substance. you know, now we've got it. now the answers can come and i think that's going to be healthy. that's great. mr. ackm

and herbalife is. we are simply trying to create transparency around the company, something they have done their best to muddle, so the market can decide the right price for this company. we don't benefit by the stock going up or down. we're not ditrading this. we are short the stock. >> how much communication did you have with herbalife prior to this presentation about your analysis? >> none, other than we listened to or read many times the conference call transcripts, analyst -- >> you never went to them and said, look, this is our position. we have questions. we want answers. >> correct. >> why not. >> you saw what happens to -- since david asked the calls on his conference call, they strictly cut the access for others. this is the most transparent we could possibly be. this is public presentation. the only people we didn't allow is, the cfo called and said, can we be part of your presentation? we said no, this is our presentation. they sent people from herbalife and we had the assistant corporate s

just herbalife.orted the stock, i would say, seven months ago or so, and we've had our position since then and have built it up over time. >> at what point would you consider the success in terms of getting out of the position? >> success here, look, the company can survive in a middle grout. if it is found to be a pyramid scheme, it is a zero. >> at what point, if you succeed, you are donating money, by the way, to charity. you called it blood money. >> yes. i don't want it make money o 06 of this. because -- >> it is not a happy thing. all right? you've had millions of low income people around the world. who've gotten their hopes up that there's an opportunity for them to become millionaires or hundred thousand-aires or something like that and they've been duped. one thing i've learned, particularly in short selling, if you go public, you can't trust him. so by taking the economic part out of the investment and giving the money away, it is harder to make that argument. >> this presentation is much

be safe. >> all right. >>> herbalife hires a strategic advisor and a law firm. is the best defense a good offense? we will talk about the stock's chances of a recovery. >>> jane wells drawing the short straw at the one place that i would not want to be today. >> reporter: well, you know, i'm glad i got here at 4:00 a.m. because i was able to find a parking space. we have been talking to all these analysts. up next, we actually talk theo couple shoppers. what are they buying and returning? does the fiscal cliff even matter? over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insue q usaa. we know what it means to serve. [ male announcer ] at scottrade, you won't just find us online, you'll also find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can a

. > >herbalife was very stressed out yesterday. it lost a lot of weight on word that there's some shorting going on in that stock. is this stock something that you would short? > >it's probably one that i would stay away from. we've talked a lot in the past about invest in what you know. invest in what you see. looking around in my social circles and going to pharmacies and going to supermarkets, i don't see a lot of herbalife products. nor do i talk to a lot of people using herbalife. so from that sort of perspective and from a valuation perspective, i think herbalife is one you could probably do without especially now that we're coming into the new year and all of these unknowns with the fiscal cliff. > > we'll see you back on the show tomorrow. that's jared levy of zacks.com. thanks jared. > > thanks angie. when teachers in california peeked into their pensions and found investment in a gun maker linked to the connecticut shootings, they reacted. and so did the private equity firm that made the investment. and it underscores jus

herbalife and kay kelly with the story. >> thanks so much, maria. about bill ackman's latest short target which is herb herbalife. the ceo came on our air earlier to refute charges that the company is nothing more than a pyramid scheme. >> this is about bill ackman's business model and appears to be another attempt to illegally manipulate the market by a group of short sellers. here's what we know and let me give think quickly. an extraordinary number of puts on our stock were due to expire this fry. we previously learned this activity was pegged at some kind of, quote, significant event. mr. ackman suddenly announces he will make a presentation on herbalife on thursday. the day before the puts expire. now we know what this has been going on for in the shadows, as we say, for the last eight months. this has been ridiculous what's happening here. >> bill ackman called me shortly after that johnson interview, and he wanted to make a couple of points. first of all, he says he has no put options in herbalife, only a short sale position, only an equity p

ackman will outline his herbalife argument at an investment presentation in new york city herbalife ceo defended his company yesterday on cnbc. >> this is about bill acman's business model. this appears to be an attempt to legally manipulate the market by short sellers. here is what we know, give it to you quickly. an extraordinary number of puts due to expire this friday. learned this activity was pegged at some kind of "significant event". >> mr. ackman suddenly announces he will make a presentation on herbalife on thursday, the day before the puts expire. now we know what this has been going on for, in the shadows, as we say is for the last eight months. this has been ridiculous, what's happening here. >> fascinating exchange of words and thoughts between mr. johnson and mr. ackman because after that interview, bill ackman talked to kate kelly and said he is not in any sort of options strategy. yes, there was unusual activity in the terms of the puts that expire this friday but as for mr. ackman, he says he is not involved with any of those. >> is it possible that other people could

finally there's herbalife. a company that we had come to like over the years but had grown leery of lately because of questions about how it manages it sales force. we were concerned that the stock had a big run yet our friend herb greenberg was raising red flags about how the product ended up in consumers' hands. how much of it was in the consumers' hands versus ending up with newfound sales people brought in my other sales people that's the distribution model that herbalife uses. you don't go against him. his work is too high quality. too right too often. better to take profits and go elsewhere. who needs it? sure enough a famous money manager came on our air and said that herbalife is a fraud and will go down in flames. why hasn't the government shut it down? just tell the justice department if the ceo wants to stop him from attacking his company, why not sue him? more important though, i don't care who is right. i care about you not losing money. battlegrounds like this one must abe voided because facts sto

traders will be anxious to see where herbalife stock opens this morning. shares have fallen dramatically this week. bill ackman of hedge fund pershing square called the nutrition company a pyramid scheme and presented reasons why he's shorting the stock. michael johnson, the ceo of rbalife, issued a statement denying herbalife's business model is built on a pyramid scheme. johnson is also asking the sec to investigate extraordinary put options buying the stock that expire tomorrow. puts are bets the stock is more likely to go down than up. it was a slippery second quarter for darden and scholastic. earnings disappointed at both companies. at darden, income fell by 37%. last month darden, which runs olive garden and red lobster, faced pushback after its ceo said it would hire more part- time employees due to the expense of health care reform. superstorm sandy and failed promotions also hurt profits. meanwhile, at publisher scholastic, profits are down 25% after disappointing sales of the book turned movie "the hunger games." the company said it will freeze

i also want to take a look at herbalife.had this whole reason as to why they were shorting the company. herbalife is swearing to take them straight on. they are buying back one and $50 million of shares. that is one of the reasons why they are trying to show they believe in the company. dennis: fired for being too attractive. a dentist in iowa fires his dental assistant because her beauty frightened her -- his marriage. i think the most important thing here is that i try to get through this without saying an inappropriate joke or hitting on you in any way. what do you think about this? >> well, here is the problem, what the court or the woman did is she said it was only because of her gender. she should have filed an additional complaint that this had to do with sexual harassment. this guy made the creepiest comments to her. he was a married man. the relationship more over the course of ten years. she did not seem to think that what he said was wrong. he just fired her because she was female. dennis: summit the fact that she

sales don't go to other people whom salespeople are trying to recruit as distributors, that's the herbalife model, he made it clear that less than 10% of his customers are sellers. the company spews cash. when i asked him if he would return capital to shareholders in the form of a special dividend, he responded that the board's pondering just such an action right now. still another reason to buy this company that is at its 52-week high. stick with cramer. but i'm still stubbed up. and i took nyquil, [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] alka-seltzer plus liquid gels speeds relief to your worst cold symptoms plus has a decongestant for your stuffy nose. thanks. that's the cold truth! progressive direct and other car insurance companies? yes. but you're progressive, and they're them. yes. but they're here. yes. are you...? there? yes. no. are you them? i'm me. but those rates are for... them. so them are here. yes! you want to run through it again? no, i'm good. you got it? yes. rates for us and them -- now that's progressive. call or click to

herbalife, a story we have been following all week. a little bit of damage control going on at the company, would you say. >> another 18% today. folks, the stock, the last three days, just terrible for herbalife. the news here is that not only is an an update but, an analyst day january 7 where they plan to directly address bill ackman's point. no doubt they will work through the holidays. coming up with maybe all 320 pages, that's how long it was, of ackman's presentation. so they will come back and good on the aggressive the week of january 7. they need it. >> and to remind everybody. bill ackman came out with a short and said it is a pyramid scheme. >> the last 24 hours have been a doozy for rimm. the stock surnled as it lost less money that forecast. josh brown on twitter was like, don't print the shirt yet, sulli. it changed in revenue model and stock fell. down again today. rim ceo was saying basically everything's fine because the blackberry 10 will be a game-changer. so let us bring in the aformentioned josh brown. he made big

he had a lot to say in a negative way of herbalife.working with a law firm on this so obviously you can see here right now is up about 7%. herbalife obviously says his whole attack is malicious and without basis. >>> we'll look at apple. apple on the move, one of the big tech movers. in this case a tech mover to the downside. tech-heavy nasdaq has been down half a percent. apple is down $4.54 at 515 and change. certainly, lori and tracy, nowhere near that $700 it was in the middle of september when we were talking about 800, a thousand. now everybody is hoping it holds the 500 mark. lori: you can't dip your toe into apple because even at 500 bucks a share it is still pretty rich. >> everybody still wants the product. it's a holiday gift. >> you hit the nail on the head nicole as always. back again in 15 with you. we were talking about this a little earlier. starbucks is urging washington to come together on the fiscal cliff literally. we have video from d.c. starbucks ceo howard schultz telling employees at all washington area stores t

this is according to a press release from herbalife. going on, had our executives been there they would have been able to tear mr. ackman's premise and interpretation of our business model apart. it is certain i a he said/she said case but the stock is reflecting ackman shorting the stock. tracy: crazy stuff, nicole. we'll be back in 15 minutes. ashley: time to make money with charles payne. there he is. checking profits on a previous recommendation and giving us a new stock. charles is spoiling us for christmas. >> i have been rocking in december. i'm telling you. this feels like low-hanging fruit, right? carmax, couple weeks ago after the hurricane. ashley: yeah. >> today nicole is reporting on it. stock at new 52-week high. one you would hold. i had a play earlier up big. dennis i told sell half. why would you sell half of what you like. that is biotech company with very little to know revenue. this is company, all the dem of course gras and trends going in their favor. our cars are still 11, 12 years old and people will buy new ones

i want you to take a look also at shares of herbalife. boy, has that stock been in the news for the last 24 hours. a down day yet again. the big news, bill ackman taking a short position in this stock, making his case today, not only at the conference in the heart of new york city, but then on cnbc. the company coming out trying to defend itself, but you'll see shares of hlf, that being herbalife, still down 10% at this hour. let's bring in allen valdez from dme securities. let me just ask you first about this deal. i.c.e. and the nyse, you're a trader. you make your living down on the floor of this new york stock

. >>> coming up next, the herbalife saga continues today.ind out how bad the fallout could be. >>> and "fast" gets in the spirit of the season. find out which retailers we're stocking up and which one we're giving a lump or coal. stay tuned. [ male announcer ] citi turns 200 this year. so why exactly should that be of any interest to you? well, in that time there've been some good days. and some difficult ones. but, through it all, we've persevered, supporting some of the biggest ideas in modern history. like the transatlantic cable that connected continents. and the panama canal that made our world a smaller place. we supported the marshall plan that helped europe regain its strength. and pioneered the atm, so you can get cash when you want it. it's been our privilege to back ideas like these, and the leaders behind them. so why should our anniversary matter to you? because for 200 years, we've been helping people and their ideas move from ambition to achievement. and the next great idea could be yours. ♪ >>> you said repeatedly, at one poi

herbalife plans to respond to accusations that its business model is a pyramid scheme at an analyst meeting january 7th. the flu season could be good for walgreens. the pharmacy chain stands to make hefty profits with this projected to be the worst flu season in 10 years. and delta airlines is hiring 400 flight attendants for overseas flights in the summer of 2013. applications are flying in. fresh of his christmas vacation, tim mulholland lands on our show today for trader talk. good morning to you. this feels like a holiday trading week. what do you expect? > > the whole year has felt like a holiday trading year with the volume. but i would say that the week should end up very slow, and other than tax- related-type issues and window- dressing-type issues, i think we will be really looking forward to next year to see what unfolds, not only in the u.s., which i think there is some optimism about the growth prospects, especially housing, but i also think as far as china is concerned, most people consider that the economy to have troughed and look for good things to happen. so i think there i

herbalife also got a pop today. the vitamin maker says it expects to buy back more shares than it had previously announced. the shares had been down for the last eight sessions, but today it rose 4.5%. and if you're driving this holiday season, get ready to pay more at the pump. but prices are set to go up after falling more than ten cents over the past two weeks. according to the lundberg survey, gasoline prices on average around the country were $3.25 a gallon. that's the lowest since mid- december of last year. and finally turning, to our most actively traded e.t.f.'s, here you can see most settled modestly lower to unchanged. and that's tonight's market focus. >> susie: our word on the street tonight: dividends. investors who shy away from dividend-paying stocks next year because of higher taxes will miss some of the best income sources of 2013. so says david peltier, portfolio manager at thestreet.com. you know, dave, most people do live dividend paying stocks, but they're very worried about tim my indications

time four your seven early movers, herbalife will hold that the company is some kind of pyramid scheme. shares lost 19% on friday, trading at 26.90. it's down almost, well, a little over a percent. vornado realty trust expects a wider loss on its stake on toys "r" us in the currently quarter and right now trading down a tick. chip maker, microinternational citing weak demand and google is developing an x-phone to rival apple and samsung. that market is getting more and more crowded, google stock is down about 1/2 a percentage point. and a schizophrenia drug gets approval and that's trading way down right now, perhaps it goes down on the news. still no details from rim, by the way, about service fees when it launches the blackberry 10 next month and no losses there on research in mitt romney, continuing to go to the down side. groupon by the way has acquired commerce interface. e-commerce, shares lost 76% this year and here is where they're trading, down about 1 1/4%. had a lot more to come. the connecticut shooting brought assault weapons and mental illness into the spotlight. we talke

coach, herbalife, gnc. >> the trend is now changing, they are losing relative appeal.is the first time we see that. liz: happy holidays, thank you very much. look at these numbers, get a real sense, he is the partner. we still know of any two points for the dow jones industrials, so financials have been on a tear. some nearly doubling this year. are the banks your best bet for 2013? two that she really loves right now. i always wait until the last minute. can i still ship a gift in time christmas? yeah, sure you can. great. where's your gi? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. liz: on this pretty strong day from the bowls, this is your fox business markets check. what are consumer staples? let's say general mills, this has hit three record highs this year, but hit 38 record highs since the first one in january of 2010, following the recovery for the financial meltdown. hershey's has hit 24 record highs this year, that is just incredible. the chart over one week for heinz. if we stretch

>> melissa, herbalife shares have dropped, but up premarket by 4%. now they're plummeting past the key level. we had a put that expired on december 21st. traders saying there's a little more options activity with puts and potential shorts for those shares escalating in early trading today. guys, back to you. >> yeah. kayla, thanks so much. shares of jcp down 40% over the last year. but one analyst putting out a positive note on the retailer this morning. he'll explain why he sees some evidence of success at the department store. plus, crude oil prices pulling back this year. how can you get the investing edge on energy in 2013. we'll get predictions when "squawk on the street" comes right back. ally bank. why they have a raise your rate cd. tonight our guest, thomas sargent. nobel laureate in economics, and one of the most cited economists in the world. professor sargent, can you tell me what cd rates will be in two years? no. if he can't, no one can. that's why ally has a raise your rate cd. ally bank. your money needs an ally. >>> it's been a tough

i think that we should probably mention that some of those other stocks like herbalife shouldn't get entirely ignored. one of the points i would make, the oil names, industrial names, volatilities are not that high. because in my correlations drop off a little bit, actually for those people looking to get a little bit of beta using options those are some of the places where it's not that expensive. what's happening right now is that you have some of those stocks that have been beaten up pretty severely. you have some potential for upside gains. >> the turnaround surprisingly midsection was shares of apple. apple earlier in this session down about 1.5% more at some point. finishing the day down by about half a percent. people seeming want to get in, re-establish position. >> apple was underporping in the morning, did firm up towards the end of the day. to me apple is a really tough stock down here. i was saying all week that apple does not act well below 525. it's really back here and it doesn't really look like it's ready to make a move to 550 or higher. the next data move for apple

there is herbalife. it has been quite volatile. it is making its way back. been shorting the company. they did not think the company was being run in the right way. they called it a peer amid scheme. in the meantime now, working with law firms about this whole thing. herbalife has come out denying the findings that they think it is a peer amid scheme of some sort. when you have these big guys coming out and say we are shorting stocks, they get hit hard. very hard sometimes for these companies to kind of real back. today it is up $1.39. the dow is down 47-point right now. the s&p at 1418. losing just over a half of 1%. back to you. dagen: a lot of worry over nothing. a look at the treasury markets next. we will see if there is a new word there about the fiscal cliff. we found some more winners on the nasdaq. ♪ with fidelity's new options platform, we've completely integrated evy step of the process, making it easier to try filters and strategies... to get a list of equity option.. evaluate them with our p&l calculator... and execute faster with our more intui

. >> a few names to watch today in the stock market, including herbalife. shorting the stock calling the company a pyramid scheme. today he will be outlining his argument. herbalife's michael johnson responding on cnbc. we think they misunderstood our plan. they said we were recruiting and paying for recruiting. we don't do that. that's what a typical scheme is that we've been addressing. we don't have that issue. >> i'm going to be sitting down with bill ackman later today after his presentation for an interview that you'll be able to see during the "fast money halftime report." >>> shares up for plaquerock unusually today. peter joins us from the jeffries trading floor today in new york. peter, you have a lot of different scenarios, but the most likely scenario that you think is that the blackberry fails, there is no acquisition on this and the cash firm continues? >> yeah. we think it costs about $1 billion to launch these devices. if successful, we think an access possibility goes up. if not, we see the company become much, much smaller a year from now.

sure enough a famous money manager came on our air and said that herbalife is a fraud and will go downames. why hasn't the government shut it down? just tell the justice department if the ceo wants to stop him from attacking his company, why not sue him? more important though, i don't care who is right. i care about you not losing money. battlegrounds like this one must abe voided because facts stop mattering and emotions take over. three stories. three battlegrounds. run from and not to the battlefield. you'll be a heck of a lot safer and wealthier if you do. [ male announcer ] this december, remember -- you can stay in and like something... or you can get out there and actually like something. the lexus december to remember sales event is on. this is the pursuit of perfection. this is america. we don't let frequent heartburn come between us and what we love. so if you're one of them people who gets heartburn and then treats day after day... block the acid with prilosec otc and don't get heartburn in the first place! [ male announcer ] one pill each morning. 24 hours. zero heartburn.

today, it was herbalife and nyx. we'll tell you what the trades were and what they mean.nd then, the worst trade of 2012. the big reveal happens in the next hour. we'll see you top of the hour on "fast." >> all right, melissa. we'll be there. wrap up the day on wall street next. don't go away. back in a moment on "closing bell." to offering you tdd#: 1-800-345-2550 low-cost investment options-- tdd#: 1-800-345-2550 like our exchange traded funds, or etfs tdd#: 1-800-345-2550 which now have the lowest tdd#: 1-800-345-2550 operating expenses tdd#: 1-800-345-2550 in their respective tdd#: 1-800-345-2550 lipper categories. tdd#: 1-800-345-2550 lower than spdr tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 and even lower than vanguard. tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 that means with schwab, tdd#: 1-800-345-2550 your portfolio has tdd#: 1-800-345-2550 a better chance to grow. tdd#: 1-800-345-2550 and you can trade all our etfs online, tdd#: 1-800-345-2550 commission-free, from your schwab account. tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 so let's talk about saving money,

. >> pete, got to hit herbalife. what a rough week it was.ow "the wall street journal" is reporting that the company has hired a legal firm to help the company defend itself against attacks by bill ackman. >> yeah, i think a lot of folks jumped on this because of the success that ackman had. they hope that whitney tillson getting on it would mean the same. it hasn't. the law firm, these are the guys that represented bush -- rather, gore against bush and microsoft versus the united states. they're the who's who of companies. >> david b 0oyce, he's the fame attorney. >> that's right. this is not playing around. this is going after ackman. there could be some tortious interference here. we'll have to see how big they can make. >> barry manilow, really? >> that was a song. >> come on. >> i'm with weiss on that. i don't know. >> everybody is thinking it. he said it. >> he's the man that wrote the song. >> christmas dinner with barry. >> here it is. >> we know what he got for christmas. >> it's an emotional time of year now. >> who gave it to him.

also, herbalife is getting legal muscle to combat bill ackman's short posture against the company.he question is whether or not it's going to come to reinvestors. i'm down here at the stock exchange. back to you. >> lovely to see you, as ever. thank you very much. >>> gold trading close. we showed you a few moments ago t goldman sachs commodity index barely hanging on to gains this year despite a lot of losing bets, investors are still pumping billions into the sector. jackie deangelis is looking at the winners and losers. >> good afternoon. what we have seen a bit of a correction in commodities. if the index ends the year a little lower, it will be the first decline we've seen since 2008. but you're right, the commodities saw a lot of interest this year. money invested in commodity funds is up 86% year over year according to epfr global. what were some of the movers influencing the landscape? let's start with the laggards. coffee, sugar, cotton got hurt this year due to supply increases but the good news is that prices are close to the cost of production so analysts think that thi

her defense was not going to comment and she said it to our mom today was the best day of herbalife.> she said she met the boy. it was not the you tube video that led to her are rest but her ex-husband recognized her in the surveillance. and she complained that the government stole her baby she makes a cradling gesture. records confirm that she lost custody child. the issue were the same outfit in the bank, her arrest, and the you tube video that could center down the tubes. cnn and coffeejeanne mos... >> coming up, much quieter than the yesterday's commute. with yesterday's fog, janu. >> good morning a. we are taking a look at the satellite and radar with high pressure building on the eastern pacific ridge. it will keep us rain-free. with that dense fog and breaks of sunshine for the afternoon and partly cloudy and cooler conditions. taking a look of fog tracker 4 still areas of dense fog but by 10:00 a.m. still some breaks of sunshine. and for the evening, some southern portions of the east bay shore in the east bay valley. a pretty nice start with vallejo, half moon bay. 56 in the

. >>> and this is interesting if you have been following the herbalife story.hey're working with the law firm-by-schiller, in connection with the fight with billackman. shorting the company. last week he revealed he had been shorting the stock. the "wall street journal" saying it's not clear what counsel the corporate litigator could be offering herbalife, you can imaginin it's going to get tough and aggressive. at some point we've got to talk about julian -- julian robertson on twitter. if we'll consider that a headline. if he's on twitter -- >> did you know about this? >> no. >> there's a handle -- >> i've seen other people that it's obviously not them -- >> this could be him, though. and there's a big debate. a raging debate going on line about whether julian robertson is actually tweeting or not. you have a view? >> i -- i'm going shy away from this conversation other than -- >> we need to find out, though. >> other than to say it's a raging debate. >> i e-mailed him. this julian robertson -- >> how do you know you're e-mailing the right one? >> wow. >> bec

. >> speaking of shorts, what happens with herbalife in the next week is going to be so interesting.e who sell herbalife it is a system of belief and interesting to see how they counterattack bill ackman in the weeks ahead it is coming. >> yes. no. we are all hoping that activism has a long shelf life in 2013 because it has made fodder for a lot of news, especially the last couple of weeks. dennis, thanks for coming n >> appreciate t >> dennis berman of the "wall street journal.." >>> japanese yen a stellar runt last few mount, find out how the fiscal cliff in the u.s. could derail all of zwloochlt first, we will head live to washington where congress is returning to work after their christmas holiday. any hope of getting a fiscal cliff deal done in time? we are back after a quick break. and i'm here to tell homeowners that are 62 and older about a great way to live a better retirement. it's called a reverse mortgage. [ male announcer ] call right now to receive your free dvd and booklet with no obligation. it answers questions like how a reverse mortgage works, how much you qualify

this is an all and out stock brawl now over herbalife.e stock has been whacked the last couple of weeks. it is coming back just under a 6% gain. >> when we come back, bernie madoff writing to our own scott cohn from prison. find out what he had to say. first, rick santelli's working on something for a little bit later on. rick. >>> >> yes. about exactly 600 seconds from now to be precise we're going to have harry clark. let's see, he's the president, the ceo, the founder of clark capitol management. we're going to talk tow him about the fcc. n no, not what's about in the airways. the fiscal cliff conditions. have we talked too much about them? no. come back in 600 seconds. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. with scottrader streaming quotes, any w

a bit of news on the bill accman herbalife fight.n analyst day to respond in detail to what it calls the quote distorted, outdated and inaccurate information. i interviewed bill ackman yesterday and he made a real case that this was a deceptive, fraudulent, company that was a ponzi scheme. >> you didn't even talk about whether any of the stuff actually worked. >> we didn't even talk about that. it was almost like a public service message he was trying to deliver. almost less to do with an investment thesis but some of the other things. >> we've got to go. >> rick for the personal income numbers. >> income up 0.6%. spending up 0.4%. you know these numbers at least pass muster with regard to expectations. we're looking for up from both. the revisions were actually absolutely positive from unchanged on the income originally released up 0.1, and down 0.2 to down only 0.1. durable goods orders up 0.7. up 0.7 is also better than expected. and last month, was revised from unchanged up 1.1%. so these are pretty solid. if you take extransport