kate kelly, kpix 5. >> vicki has a waiting list of horses that need a safe place to live.f you would like to help or volunteer, go to our website at kpix.com. click the "connect" button at the top of the page, then jefferson awards to find out story on sadie's haven. >>> all right. well, it is another warm day and only getting warmer according to brian hackney who is in for lawrence karnow today. >> have you been out? >> yes. >> it's actually -- >> it's awesome! >> -- warm. beautiful. i know, it's gorgeous. so you would think it can't last. it will! in fact, it's going to be nice and there's not going to be many may flowers because we'll be short on ril showers for the next 10 days or so. the bay bridge was opened in november of 1936 and the numbers are some of the best weather they have seen in april. concord at 69. the numbers this morning are about -- oakland actually cooler than it was yesterday. there's always an exception. but everybody else is warmer. san francisco is up to 68. san jose 70 degrees. and in santa rosa, 73. here's how it looks as we fly y we have plent

i'm kate kelly with some breaking news.artment of justice appears to be close to a resolution with several spirits companies over a proposed merger in that space. we're just looking at an announcement from constellation brands, saying they have reached an agreement in principle with the u.s. doj on a proposed resolution to the doj's litigation challenging anheuser's busch proposed acquisition in the remaining take in grow poe modell low. the release says the parties in the doj have asked to extend the stay of proceedings, the limit on this merger until april 23rd, 2013. that will give the parties a chance to finalize the agreement they have reached and presumably go forward with this deal sometime after that, melissa. so, it looks like a positive development for those in favor of this constellation, rather, this anheuser-busch deal. >> all right, kate kelly, thank you for that. you see there, stz shares trading higher by more than 1%. tim, you've been in this -- >> to me, constellation was clearly the one that benefited fro

. >>> kate kelly found where the hedge fund's fortunes will be won or lost this year. stick around to find out where the next battleground lies. with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office, i can talk to someone who knows how i trade. because i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade. awarded five-stars from smartmoney magazine. >>> welcome back to the "halftime report." i'm josh lipten. f5 networks is taking a beating today. forecast second quarter results below what the street was looking for. analysts saying f5 is losing market share to rivals. brokerages reacting. citi, piper, william blair, downgrading f5. other network gear makers falling as well. juniper and cisco also lower. scott, back to you. >> all right, josh, thanks so much. who wants this? in the context of talks about technology and hoping technology starts to play along this is not great news. >> not great news, but, ag

that goes to kate kelly's points, the algorithms that read the headlines, right? goes right to the point, and then they create these automatic orders. >> it's like, shouldn't we improve security? >> i want to know what happens to those trades. >> we had customers with low-ball bids so drp they were very happy. the seller's not too happen. >> they are not erroneous trades? >> they will not be canceled. >> does the s.e.c. needs to look into this? >> i would imagine -- >> they're not going to cancel the trades, but they'll look into how does this happen. again it's about protection and securing our own markets. it could have been even worse, right? >> absolutely. four minutes is a long time for this market. >> i think -- i think it happened even faster than four minutes. >> it happened in a minute and a half. i know that, because it takes me a minute and a half from the bottom of the stairs up and onto post 9. >> it's not just reading the news, the machine readers, it's the trend following that happens. you get the market going down rapidly, you'll get people just fo

kate kelly with news on head fudge, 2% of assets, 20% of profits is what you pay a hedge fund.ind of returns don't justify that. >> not so much, right? >> they stink. >> let's get down to it. the average hedge fund was up a notch, according to early reports. a time when the s&p rallied 10% and the dow 11. so how did it happen? for one thing, the mare rorkts suggests that the hedge fund managers got nervous and started paring back. some put them into commodities and the dollar indeed, both of which underperform the stock market, do they did okay. i good et it depends on when you go the in exactly. others that went long after january essentially missed the business move. a notable exception is dan loeb, who once again showed his acumen on stock picking. the main funds are all up on the year with a levered offshore fund, showing third-point ultra-. in march particularly loeb indicated from the nikkei's tear, but also with bets on yahoo, and the liquefied natural gas company. it will be interesting to hear how he picked those stocks. he's very good. >> i know dan a bit, nice guy, i

kate kelly, kpix 5. >> vicki has a waiting list of horses that need a safe place to live.f you would like to help or volunteer, go to our website at kpix.com. click the "connect" button at the top of the page, then jefferson awards to find out story or sadie's haven. >> always great efforts jefferson award winners. >>> the warmup is really going to begin. >>> it's coming. >> when is this wind going to die down? >> he wasn't as eloquent. >> tonight. low pressure finally moving out crystal clear boo skies. beautiful shot there but it's been breezy. the borough president kept things think you will cloudy. where is the low pressure system? it's in colorado. let's take you there. take a look at what's going on in colorado. that storm system drawing down cold air from canada warm air from the gulf of mexico. several inches of snowfall on the ground in colorado. the same storm that gave us rain and wind a few days ago. our radar is clear. this is the time of year when we get dry. we'll be very dry for the next several days. microclimate forecast. down to morgan hill, sunny tomorr

kate kelly's been working on the story. she's here with the details. what have you got?well, scott, sac might be well-known for its legal shah nan begans, but if it were to go away or shrink, its absence would be felt by many. rapid training means it's -- buying, selling and shorting thousands of positions. the firm imemployees more than 1,000 people. it pays huge fees to wall street for research and lending and of course, steve cohen is now also paying millions in lawyer fees and settlement costs, too. as anticipation swirls on may 15th, traders may be putting pressures on the stocks sac owns like sherwin williams, news corp. and facebook. >> for dr. jay in chicago making reservations. >> getting a little distracted. >> what's the likelihood we're going to see a great number of redemptio redemptions? >> i think the likelihood is strong. they lost close to 2 billion in the first quarter and had serious redemptions in 2008. i think people are still nervous. i think the legal picture has worsened a little bit in the last couple of months, so that's a problem, but they have

kate kelly with the story. over to you, kate. >> thanks, maria. anyone who took goldman's to go long gold in 2010 would be up about 16% today. now and now the firm is hoping to make some clients money on downside to do. in a strongly worded note, goldman recommended going short the yellow medal, starting now, why the bearishness, because the broad market has shown an unusual level of resilience so far this year, despite a barrage of negative factors. think cyprus, our weakest non-foreign payroll report in quite a while, the equity rally has gone on undaunted, and gold, which is normally the fear trade, has traded lower. with that backdrop, jeff curry, the analyst behind today's report and other gold traders are now saying we're comfortably in a bear market and the softness continues today. one indicator of gold's growing weakness is the acceleration of outflows of gold back to etfs. from january, the amount of gold backing the etf and its peers have fallen dramatically, bill and maria, suggesting that retail investors are lacking to other assets i

. >> and i'm kate kelly. futures right now are looking -- >> a little on the on negative side. >> yeah. >> on this easter monday, all the major european markets, the ftse in london, the cac in france and ibex are closed, right, brian sfp. >> that's right. there are a few asian markets that were up and running today. li sixuan is covering it all for us from singapore. sixuan. >> thank you, brian. first, let's get a look at china's factory activity. new data shows manufacturing is extend expanding, but at a slow pace. official pmi wish monitors mostly large state-owned firms at 50.9, missing market expectations. meantime, the hsbc readings which mainly tracks smaller companies readings came in at 51.6, roughly in line with the flash reading. take a look at the market reaction today. shanghai composite eased a modest 0.1% thus a year-to-date low. but the property counter was the outto date performer. in gentleman panch, the boj tankan survey showed improvement among manufacturers. there are big expectations at t

." >>> and kate kelly joins us with new information. >> we all know that s.a.c.was indicted on friday. but will it lead to further redemptions? we'll handicap the chances of that when we come back. but we can still help you see your big picture. with the fidelity guided portfolio summary, you choose which accounts to track and use fidelity's analytics to spot trends, gain insights, and figure out what you want to do next. all in one place. i'm meredith stoddard and i helped create the fidelity guided portfolio summary. it's one more innovative reason serious investors are choosing fidelity. now get 200 free trades when you open an account. and you wouldn't have it any other way.e. but your erectile dysfunction - you know, that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical c

kate kelly has the latest on this still developing story. kate? >> bill, a veteran trader of s.a.c. capital was indicted friday on five counts of securities fraud and another charge related to alleged insider trading. michael steinberg had been with the hedge fund for nearly two decades and hails from the same long island town as s.a.c.'s founder, steve cohen. the likelihood of steinberg's charges had been widely telegraphed in the last few weeks. steinberg reportedly stayed in a manhattan hotel some nights to avoid being arrested in front of his children. whether it was expected or not, his indictment comes as a blow to s.a.c., the $15 billion hedge fund known for rapid trading of hundreds of stocks at a time. s.a.c. over the years has been among the best of its breed, outperforming the average hedge fund and s&p for the last four years out of five, at times by a considerable margin. for that reason many investors have stayed loyal amid the prosecutorial scrutiny. now all that may be changing. in february s.a.c.'s external investors pulled $1.7 billion in a series of what is known

cnbc's kate kelly has the details. believe that competitors have engaged in misconduct and 35% feel pressured by the pay structures at their own firm to bend or break a law. 30% had direct knowledge of wrong doing. these came from a pole conducted by a private law firm and a hedge fund association. the pool they spoke to was real livety small. the majority of them had more than 5 years experience and about half worked at a firm managing. it's all the more notable because the poll comes amid strutny into hedge fund trading. and speculation grows daily that founder steve cohen could face charges though he says that his conduct has been proper. >> one of the most significant findings of the survey is there is a break down in trust between hedge fund professionals and those that regulate them and the leaders of their funds. eventually we have a corporate 911 number that doesn't work. until torsions fix that, more misconduct will continue within the hedge fund industry. >> a whistle blower from sac would have made up to $18

kate kelly has details on some of the hedge funds, investors getting hit on that. kate?anks so much, bill. apple was off 5.5% after the end of the day and broke through the floor at midday, to the dismay of some of its biggest investors. one of the people that's large in apple in the hedge fund community is david einhorn, the green light capital fund manager, who held $1.3 million shares as of february 7th. a little rough math suggests that einhorn has lost $85 million since then, about $30 million of which happened today alone. einhorn isn't the only hedge getting bruised by apple either, just to borrow a turn of phrase from his own first quarter investor letter. filings suggest that while a number of hedge funds sold apple during its end of year spiral, some, including apple's management and glg partners used the dip to buy bigger stakes or stakes that they hadn't even had before. einhorn also used that decline to repurchase some shares he had in the third quarter, and overall, apple is still the top equity holding of the largest 50 hedge funds, at least as of end of y

plus, kate kelly is here to bring us a different side to the jcpenney drama. re you working on? >> i'll be talking to you about bik ackman's hershey square and what they have been doing this year. and whether or not the mixed results on herbal life and the bad results on jcpenney mean investors are going to start leaving. welcnew york state, where cutting taxes for families and businesses is our business. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups. the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit thenewny.com before tori was taking her kids to lunch in her new volkswagen... before her passat had passed 30 different inspection tests, and before several thousand tennesseans discovered new jobs on volkswagen drive, their cfo and our banker met for lunch. together, we worked with a team that helpe

kate kelly all over this story. kate, who is it? >> george. j.c. penney got unexpectedly good news. that places him just a couple of notches below square hedge fund manager who has been the stock's biggest champion and also victim of late. it's been a rough 2013 for jcp whose shares have plunged. a month later, onjohnson was ousted. or whether akman has been a doubles tennis partner and counted him as a personal investor played a role to take the stake. but it's certainly giving much needed levity to the stock. >> wow. so it could give an outsider reaction. and i know you don't wear hats but let's put our conspiracy hat on. >> that's my favorite hat. abo about. >> is there anything to that? maybe akman gave him an elevator pep talk? >> that's what makes it. >> if you don't believe they had to come in. bill says george, can you come in. >> i think that stands to reason. i think that j.c. penney and its backers absolutely on a pro j.c. penney road show right now trying to line up financing. afterall this f they're right and they're at the bottom, this is a cheap entry point. >> it is

kate kelly. >>> coming up, two big names falling on down grades today.e will reveal those names and tell you if t t analyst t got it right. gold falling to a fresh three-week low. we're heading to the futures to see how the smart money is playing the slump. we'll be right back. she's always been able to brighten your day. it's just her way. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury

kate kelly is saying paulson will not change the strategy. that's the party line right now. that's certainly something in the markets to watch next week. as a major holder of gld. how much pain are investors going to endure before they start saying, you know what, give me my money back. >> i think that's the bigger point. it may not be the pain that he can take, it's whether or not he gets redemptions. >> let's step into the earnings fire, shall we? next week is quite a big week for earnings. let's find out which stocks our buyers are selling. bk, kick it off. >> next week we have a lot of tech earnings. intel is one of them. we've seen pcs plunging. i'm staying short, ewy. very heavy tech. very heavy international trade. >> josh? >> as a rule i try not to buy a stock just because it's reporting, but the one i'm most interested to see and i may get involved with is linked-in. not quite next week, it's a couple of days after. linked-in has been crushing estimates every time it reports. my friends at estimise. i would not be shocked to see another blowout quarter. lnkd will be

kate kelly joins us now with what made the big news in a wild ride for the markets. good evening, kate. >> larry, a rough 24 hours for bill acknowledgeman. first the market reacted terribly to the ceo ouster of jcpenney, one of his biggest positions and worst laggard. and herba life on the short side left the market wondering perhaps whether a tender offer was afoot. herba life moved in ackman's favor dropping 4% on the news the company's auditor, kpmg, resigned from the account because of a rogue partner who bred nonpublic information about the multilevel marketer to a third party who then traded on it. but the entire episode threw persianing square under fresh scrutiny as jcpenney took a beating and a big drop in herba life remained tenuous. ackman to be sure is outspoken and sometimes wrong but the knocks against him aren't entirely fair. in 2011 the hiring of ron johnson at jcp was clearly a favor but most other holdings doing quite well. pershing square rose 6% and canadian pacific railway up so far this year. herba life, the subject of a billion-dollar short on

. >> kate kelly, thank you. >> keep us posted on that one. >>> turning to the market focus, commodity and equipment stocks were in the spotlight in today's trading. that disappointing factory report as well as weak manufacturing data from china pressured the sector. alcoa, caterpillar, each down 1.5%. u.s. steel losing 4% and joy global which makes mining equipment fell almost 3%. >>> at&t led the dow gainers today. the company will start selling the newest kindle fire beginning on friday. this is the hd kindle version. buyers using a two-year at&t data plan will get a $150 discount. the shares rose to $35.25. >>> that little company called walmart was up as they announced 15 cents a gallon gas discounts at 2,100 locations for the holders of the credit and debit cards. the shares are up today, by 60 cents at $75.43. a little less than 1%. >>> and nasdaq is acquiring the e-speed platform entering the u.s. treasury's trading business. it's a major player and a it expects volumes over 500 billion daily to increase. >>> well, we have been telling you that the markets have been rallying th

kate kelly has details on both when we come back. [ female announcer ] what if the next big thing, isn'tl? it's lots of things. all waking up. ♪ becoming part of the global phenomenon we call the internet of everything. ♪ trees will talk to networks will talk to scientists about climate change. cars will talk to road sensors will talk to stoplights about traffic efficiency. the ambulance will talk to patient records will talk to doctors about saving lives. it's going to be amazing. and exciting. and maybe, most remarkably, not that far away. the next big thing? we're going to wake the world up. ♪ and watch, with eyes wide, as it gets to work. ♪ cisco. tomorrow starts here. >> sac capital is bending over backwards. such a relaxed policy would probably have been unheard of a few months ago as sac continued to shine in a somewhat çspotty. but now with federal prosecutors zeroing in on sac employees and trying to snag, some are heading for the exists. >> another story that we have been following today, j krmc. >> it's -- if you're a bull on j.c. penney and you think we're at or near a botto

simon, let's bring in kate kelly. it's been a bad, bad bet for ackman in j.c. penney. how overall is hess doing with his fund pershing square. >> surprisingly the fund is actually doing pretty well, much more than 6% and hold about 12.4 billion in assets under management if you look at their top holdings, canadian pacific railway and png are two big winners. looking through the relatively small portfolio, because he's an activist investor, most stocks are up. we soo action weakness with mattson, but the big losers, of course, is j.c. penney, with the huge negative reaction to the ousting of ron johnson. so, you know, ackman, it's still performing well, and it remains unclear how it will affect his current quarter. her alive, it will be interesting to see how the kpmg situation plays out. i would say it's probably a net neutral for the company. and investors are reacting as such. >> nothing to do with either ackman or icahn. it's apparently a rogue employ decree of kpmg. >> exactly. my only curiosity if the new auditor takes a fresh look, will it get a rubber stamp or r

. >> kate kelly, the afternoonors, thank you. >> you are very welcome, anchors. >>> up next, a new roundome competition. a former brothel going up against a mystery mansion. see if you can guess where it is. first, bill? >> two big hours coming up. we're going to look at whether. s.e.c. would rethink its recent stance on allowing companies to report material information through social media in light of the fake a.p. tweet that moved the market big time. coach reporting better than expected earnings, but that stock is down sharply in the last year. the ceo tells us exclusively what he plans to do to get the momentum going again. all eyes will be on apple tonight. we will have the instant analysis and market reaction to a very highly anticipated report, coming up. maria and i look forward to seeing you at the top of the hour for the all-important last hour of the trade on "closing bell." in the meantime more "streets signs" coming your way. ♪ [ male announcer ] a car that can actually see like a human, using stereoscopic cameras. ♪ and even stop itself if it has to. ♪ the technology may be

let's go right to kate kelly. she's got the details. over to you, kate. >> thanks so much, maria. an s.e.c. filing just crossing over showing that george soros' fund company, soros management, has taken a nearly 8% stake in jcpenney. this makes soros what looks to be the fourth largest shareholder of jcp shares at the moment. a couple just behind bill ackman with persian square capital management. but certainly a big vote of confidence by jcp, which has been beaten down in recent quarters and recently saw the departure, maria, of ceo ron johnson amid disappointing results. could be a big vote of confidence coming from a highly respected investor. we'll be getting more details as soon as possible. >> kate, thank you so much. the stock is moving for sure on this news. and we immediately saw the stock take off, as soon as that s.e.c. file crossed. let's get more now on amazon earnings, as we spoke with earlier, r.j. hadevi. he's with me again from morning star. also with me is aaron kessler from raymond james. aaron, let me kick this off with you since r.j. and i have been discussing

kate kelly has more on soros' stunning investment. kate?we learned late yesterday that soros had become what lacks to be jcpenney's fourth biggest investor based on the filings we have now, two notches down from well-known hedge fund manager, bill ackman, whose offices is in the very same manhattan high-rise that he works in. that makes:e somewhat rare believers in the embattled retailer, whose shares year, at least prior to the news of the soros investment yesterday, which has now given it quite a boost. soros filed notice of his jcpenney stake as a passive investor, so he won't be using his 8% position to advocate for management or business changes. penn penny has already seen its share of those this year. they have forced out a ceo, reported a multi-decade low point for sales, and faced down a competitor in court over sales of martha stewart products. now with a new executive and a fresh new line of clothing, they're looking for a turnaround. they have also hired the blackstone group to help seek financial partners and it looks as though

kate kelly has the latest on this ever-evolving story. >> you said it right.indictment was telegraphed so much so that he stayed in a hotel overnight to avoid having his family watch his arrest. when the feds came to cuff him and indicted later that morning in a downtown court. steinberg's indictment is clearly a blow to sac given his seniority and tenure with the company. steinberg joined the firm in the 1990s right out of college and worked his way up to senior portfolio manager on the hedge fund often working closely with coh cohen. it seems damning at first glance that steinberg used insider information to avoid a short trade and asked underlings to be discreet about the tweet because normally we would never divulge data like this, unquote. still, dineberg pled not guilty to the securities fraud and his side of the story could always prove compelling counter evidence as did the firm's defense in the martoma matter which indicated that sac had no net gain from the stocks sold allegedly according to an insider tip. a lot is on the line not least of which tha

kate kelly there back at hq.er super storm sandy how the jersey shore is faring for the upcoming summer season. >> and those infamous google glasses are coming here to post 9. we'll have a guy who tried them on and he's spilling the juicy details. stick around. we'll be back in two. at a dry cleaner, we replaced people with a machine. what? customers didn't like it. so why do banks do it? hello? hello?! if your bank doesn't let you talk to a real person 24/7, you need an ally. hello? ally bank. your money needs an ally. and never back down. who believe the american dream doesn't just happen, it's something you have to work for. ♪ we're for those kinds of people. because we're that kind of airline. and we never stop looking for a better way. it's how we've grown into america's largest domestic airline. we are southwest. welcome aboard. with fidelity's new options platform, we've completely integrated every step of the process, making it easier to try filters and strategies... to get a list of equity options... eva

kate kelly is joining us from hq.lson quite a lot. >> there has certainly been speculation about what paulson is doing with his gold position given that paulson and company owns more than 5% of outstanding interest in the gld. definitively based on my reporting, he is not selling right now. paulson offers investors in his funds the right to put their money in what he calls gold shares, an alternative currency tote u.s. dollar that has historically provided greater yield to those investors. john paulson himself invests in gold shares and has seen a sizeable haircut in recent days as have other gold share investors who make up a third of the fund's $18 billion in aum. but paulson investors can only move from gold into dollars on an annual basis so that rotation, if it occurs, won't start until the end of the quarter and is not responsible for what we're seeing in recent days. paulson and other hedge funds who hold gold are feeling pains today. paulson owns substantial stakes in the miners including anglogold, freeport a

kate kelly joins us on the news line. kate? >> simon. thanks so much.e offering investors for the second time a chance to face moreç relaxed conditions for redeeming capital from the firm. in the past investors could only get their capital back over the course of a year with 25% of their capital per quarter. that went to 33% over three quarters. it will now be 50% in two quarters. fac is offering investors an easier way to stay in the firm and get their money back relatively quickly. this is after the $15 billion hedge fund loss. $1.7 billion of capital after legal issues continued to surface around questions of possible insider trading at the firm and whether or not founder steve cohen was personally involved or not. >> do you think it's likely to be effective in keeping money at the margin in the business, katesome. >> i do think it could be an effective tactic. in the first quarter they successfully kept blackstone on poord or at least most of the capital by allowing them to get their capital back should they choose to redeem. now they're hoping for

. >> kate kelly, thank you. >> coming up, a top executive change at jpmorgan and boeing's plans to fly. stay tuned. "squawk box" will be right back. ♪ ♪ here we are, me and you ♪ on the road ♪ and we know that it goes on and on ♪ [ female announcer ] you're the boss of your life. in charge of making memories and keeping promises. ask your financial professional how lincoln financial can help you take charge of your future. ♪ ♪ oh, oh, all the way ♪ oh, oh so you want to protect your place from burglars? buy a lock. buy a dog. mow the lawn. get a sign. hang curtains. plant something thorny. buy another lock. and, of course, talk to farmers. hi. hi! ♪ we are farmers bum - pa - dum, bum - bum - bum - bum ♪ >>> earnings. the fed and jobs. we get you ready for the week ahead. and where you should be putting your money to work. >> find out how the smallest of the big three is fairing and whether or not the company will push to go public. >> sandy six months later. will they be ready for summer season? we'll head to seaside heights. the second hour of "squawk box" gibbs right now. >>> good mo

. >> let's bring in kate kelly for more on this breaking news. kate, what do you have for us?interesting couple of days for bill ackman and his investors. you have major news on jcp which investors are not greeting with a large amount of enthusiasm and more uncertainty with herbalife. i echo what i heard when you heard news was coming and it did make one wonder and the nature of the kpmg issue was the problem was very much with kpmg and it was a victim of that. there was no reason to short the company on this news today as bill ackman has. what this means for them going forward is a great question and just to remind folks, ackman has already made roughly about $200 million on his herbalife short during an overlapping different period. long holders have made money, as well and that's one of the ironies of this trade. ackman making money on the short is dependent on the ftc getting involved on deciding that this is something they need to scrutinize and that they're going to do an investigation of herbalife and shareholders to react negatively to that because ackman's thesis is p

we are joined by kate kelly.% of companies reporting so far. 6 6% beat their targets. 27% have come in below forecast. we have a market selloff on our hands. the worst of the three major averages, the nasdaq. the chip stocks. the index severely underperforms this morning. and we got earnings reports. we got a warning from cirrus. let's start with intel since it's the bigger caps of the nasdaq stocks here. sbel coming out sticking by the 2013 guidance. you know about managing expectations and the problem is expectations in terms of guidance, a lot of analysts say too optimistic. >> yeah. they have so much to prove. yesterday we were talking about margins. if people don't have faith in you you have to knock it out of the park. we have not seen that in this decade. a lot of people are saying is this simply built on home? when you have that language, it's never good for the stock. also take a look at cirrus. very bleak forecast. one of the mayor customers is apple. goldman taking off the conviction buy list also. >>

kate kelly on john paulson. getting back to apple, we have a different take.e rumors started last night when ceo tom cook said we are increasing the dividend by 15% to further appeal to investors taking yield and we will access the debt market. but with apple sitting on now more than $140 billion in cash, why would it raise debt to fund the enhanced capital allocation program? joel is telling me a significant chunk of apple's cash is parked overseas, making the economics unattractive to use towards repurchases. bringing the cash that is sitting overseas back into the u.s. would require apple to pay a high tax rate. and issuing debt would lower the cost of capitol and it's a good time to issue debt with rates at an all time low. the credit rating agency s&p gave apple a double rating with a stable outlook. apple now has the same rating as the u.s. government. an apple bond would be well received by the street. bondholders have accepted microsoft and google issuance. even another analyst, carl, pointing out these days it's hard to find companies or countries wit

i'm melissa lee along with herb greenberg and kate kelly.rd here with 21% of companies reporting so far. 67% beat their targets, 8% met estimates, 24% have come in below forecasts. but it is a different story when we take a look at the revenue picture. only 44% of s&p companies have beat their revenue estimates this quarter. that is way below the long-term average. we've seen some pretty notable misses. ibm, for instance, came in 5% below consensus. google came in 2.4% below consensus and axp as well, down 2% from consensus. >> that revenue number on missing -- i don't like the game. but it is out there. brian sullivan mentioned something about this earlier on "squawk on the street." 6:00 this morning, i said to him, brian, you can't cut your way to prosperity. it's an old cliche. but when you start seeing it, you're watching the beat the street on the low end on eps because they -- that's what the street wants to watch. >> because of engineering or buybacks. that's going to play a major role. right now, multiples, you are paying for growth.

kelly is next. [ kate ] many women may not be absorbing the calcium they take as well as they could becauseth food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption. >> bill: kelly file segment tonight. senator mitch mcconnell says somebody bugged his office and posted the actual audio of private conversations on a web site belonging to the far left magazine mother jones. the fbi now investigating that and here to tell us all about it attorney and fox news anchor megyn kelly. the smoking gun, kelly, is this. somebody in mcconnell's office saying some bad stuff about ashley juted. >> sleerly emotionally unbalanced. the >> bill: why is the fbi involved? >> because senator mcconnell. this is a top republican in the u.s. senate says that wasn't the product of a mole. somebody on his team taping him without his knowledge and taping his team without his knowledge that he claims was somebody bugging his campaign headquarters. watergate style. that's his accusation. >> that's

. >> kelly: teachers are clashing with police and where the protests turned violent. [ kate ] many women may not be absorbing the calcium they take as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption. over our secure network, verizon innovators are building a world of medical treatment data in the cloud. so doctors can make a more informed diagnosis from anywhere, in seconds rather than months. because the world's biggest challenges deserve even bigger solutions. powerful answers. verizon. >> time now for a quick check of your headlines. there's a juror removed from the jodi arias trial and now she's speaking out. >> i didn't appreciate the negative comments and some people thought that i came to court for attention. that does not mean that's who i am and all the time that know me, they know that's not true. >> jamie: well, the woman known as juror number 5 was kicked out of the case after discussing and being

kelly and michael." today, from the new film "the reluctant fundamentalist," kate hudson.dell. all next on the emmy award winning "live." [captioning made possible by isney-abc domestic television] announcer: now here are kelly ripa and mike thike! [cheers and applause] ♪ cheers and applause] kelly: hi! [cheers and applause] what the heck? what's going on? michael: i don't know what's happening, but i like it. kelly: i like it too. it's tuesday, april 23, 2013. hi guys! michael: hello, hello, hello. kelly: you are too generous. we haven't even done anything yet. now the pressure is onto amuse you in some way. michael: well, no need to ask how everybody's doing. they look like they're doing fine. [cheers and applause] kelly: good crowd. michael: you look like you're doing fine too, but i'm going to ask you. how are you? kelly: i'm good. took the kids to the dentist yesterday and any time you can get out of there without a cavity it's a good day. right on. yes. the prizes in the dentist office are becoming extraordinary, aren't they? we used to have like the plastic ring, re

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kelly loses a bet to me. >> that's the thanks i get. look at this. >> bill: i can't wait for this. but, next, bernie goldberg will react to the culture war situation. berne moments away. [ kateany women may not be absorbing the calcium they take as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption. by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. since aflac is helping with his expenses while he can't work, he can focus on his recovery. he doesn't have to worry so much about his mortgage, groceries, or even gas bills. kick! kick... feel it! feel it! feel it! nice work! ♪ you got it! you got it! yes! aflac's gonna help take care of his expenses. and us...we're gonna get him back in fighting shape. ♪ [ male announcer ] see what's happening behind the scenes at ducktherapy.com. >> bill: weekdays with whereiny segment tonight. lots to talk about with the