merck gained 3% on the day while pfizer lost ground. >>> president obama's nominee to chair the securities and exchange commission says she'll be an investor advocate. mary jo white questioned by senators at her confirmation hearing this morning said that if confirmed the american public would be her client and that she would not back off if there was any evidence of wrongdoing at major institutions. >> assuming you found wrongdoing, i think you'd proceed quite vigorously against effectively anyone that you find evidence of wrongdoing on, but certainly financial institutions at the sec, which of course, doesn't have the criminal powers, those consequences are not taken into account before charging decisions are made so that the sec, there's no institution too big to charge. >> white is expected to get the okay for that sec job especially after republican senator tom coburn of oklahoma announced he would aggressively support her nomination. >>> there's not a lot of support for h & r block today after a software snag has delayed the returns for a lot of americans who have already filed their

intel, pfizer, merck all gaining more than 1% each. the transportation stocks as well. just a little bit higher. the national bank giving back much of what it gained yesterday. talking about the fact that the banks have not reopened in cyprus. we are going to continue the follow-up. we got the news of the cyprus sellout. cheryl: thank you, nicole. dennis: in today's media minute digital stepchild seeks new parents. hulu may seek a new owner. hulu was conceived in 2007. it has been hampered by the guy headed hydrant that owns it. incumbent consortiums usually fail against the threat. movies, books all tried it. spot a five make it into the video business. netflix winning call but not necessarily huge ratings. every dog has its day. rise of the guardians was seen as the flop at the box office. last week it was number one in dvd sales. those aftermarket, they will set you free the six cans of business hoping to keep the seattle kings from moving. that is in your west coast minute. ♪ the capital one cash rewards card gives you 1% cash back on all purchases, plus a 50% annua

merck is gaining 3% and pfizer pulling back. talking about pfizer.ay be more familiar with the z pack. now findings from the fda that it can be potentially fatal with irregular heart rid rythyms in with some patients and irregular activity in your heart and that could eventually lead to fatalities. obviously not a good report. we've been seeing pfizer selling off throughout the day. on the other hand you have merck with vytorin with cholesterol. when we talk about cholesterol, many americans ears perk up because obviously something people in america deal with. an independent monitoring board allowed it to continue the trial assessing vytorin. some hoped they would say, hey, it is great. they will continue through 2014 and findings have been good and have been safe. back to you. ashley: nicole, thank you very much. we'll be back in 15 minutes. tracy: coming up what is the market's next move? we'll hear from one strategist where one stock has room to grow this year. ashley: the block of new york city's soda ban, will mayor bloomberg win the fight to br

merck. why can the gains in those continue to go? >> you're going to keep seeing some of that. a variety of issues. the hot thing right now is we're heavily invested in roche for their cancer position. about june 1st, however, you have coming up something called the american society of clinical oncology meetings. so it's a big meeting where all the news on cancer drugs comes out. so we've got our playbook all set together. roche is a star, and bristol-myers is a star. look at the chart on bristol, it's been going up. we expect it to continue to move really nicely. >> yeah, talk to me about, you know, name like gilead. >> gilead is, you know, not an asco stock so much, but it's a great play on anti-virals. it's one of the biggest, or the biggest large profitable biotech companies. we expect them to do well also. >> so those people who thought that maybe some of these stocks were not going to do as well under, you know, the affordable care act, so-called obama care, the they're just what, dead wrong? >> 2014 there's going to be a huge increase of demand because obama care gets im

gains. liz: still about two minutes to go. merck leading the dow on the other side of this. nicole: that is right. an independent board looking at it, they will continue the trials they found so far continuing into 2014. the dow today hit new record intraday high. david: i wonder what makes you feel like when rumors of her demise sends your stock going up. that is what happened to jcpenny's because the ceo might be leaving. nicole: and then a spokesperson for the company came out and flat out denied that and called it false but the stock was jumping big-time. it would be better if we said something like jcpenney sales are so great. liz: we have dick's sporting goods, but it has cut the radio show. nicole: they are not really a takeover target so golde goldma. they had too much cold weather gear, and it was a little bit more mild and goldman sachs says once the weather issue passes, i think they will recover same-store sales, so positive on dick's. david: all the banking stocks had a rough day. morgan stanley, others down. nicole: the riskier plays per out of favor. liz: let'

merck is is a big deal. that's a huge stock, a 3% gain is a very big run-up.ch. by the way, the dow has turned higher, now 2, 4, 5 points on the upside. very early going and i want you to look, also, at costco. the profits up 39% in the latest quarter. they saw a sales increase, membership fees went up. more people buying in bulk and that stock is up abouu 1% and that's a pretty good gain for costco right there. let's move on to samsung. the new smart phone, that's a galaxy 4, that comes out thursday. there's a whole lot of buzz surrounding the possible eye tracker that lets your eyes do the scrolling for the screen and we're hearing vague reports of a 3-d tablet as well. here is todd hazelton. you know this stuff you're a technology guru if i may call you that. >> sure. stuart: is this samsung 4 an iphone killer? >> everyone likes to say that every time samsung releases a product, is it going to kill the iphone? >> in your judgment is it? >> i think it can get there, but apple shared samsung, handsets, iphone 5, and the 4 and they have a portfolio and remembe