penney, is j.c. penney doing anything right? >> well, we saw them in february resort to a more promotional stance, which they said they wouldn't do. this is the first month they've done it, and we've seen them bring back clearance and put signage on top of their fixtures. that is a step in the right direction, however, it has only been one month. it is still too early to tell what kind of impact it will have on the sales going forward. >> tom: that's exactly the kind of thing that ron johnson tried to move away from back in the fall of 2011. as they revert back to that, what is the j.c. penney brand today? >> today the brand is basically startly from scratch. they alienated their core customer, it's customer who wanted value and the coucoupon or who wanted to come into the store and see a sale. they basically said we don't want you anymore. they've had to really work hard to get that customer back in the store. we don't believe the fashion in the store is that compelling. it is something you can find elsewhere in the mall. and t

can jc penney do that? >> they can.uestion of ron johnson, whether it is ron johnson or someone else, it has to be a transformational vision that can operate moment by moment, day by day, price point war at the same time. that's what happens. you have to change fundamentally to be around in the future and ron johnson has a vision for that. somebody has it lead through the change. >> fantastic round. if only there was a one-hour extravaganza about jc penney. >> how about coupons. >> i but a nice pair of slacks there. bought a hat there. i like it. sales people were nice. this is the one in harold square. very nice store. >> you can't compare that store. they get all the foot traffic from the subway. >> we have news, herbalife halted for news pending. >> i wanted to know, i went to scott wapner, is this the get ackman trade where acahn ups the stake. herbalife has been up all morning. ackman is on that. or alternatively, there was insider buying. i don't know. >> we will wait to see what that news is. and vanity fair has

that day jc penney closed at 67.02.ar from that level and falling badly. jc penny reported last night that sales are down 28% for its fourth quarter and yet, we have an analyst with a buy rating on the stock. brian neagle joins us, senior equity research analyst at oppenheimer and co. good morning, brian. >> good morning. >> so you're prepared to step in front of this or advise people too do so? >> well, look i have an outperform rating here. my call on jc penney, behind all this noise, and there's a lot of noise out there right now, i think there are actually signs this turn around is beginning to work. i think over the longer term, a more profitable, higher return on capital jc penney will emerge. the near term is very difficult to call. i write a lot about this to our clients this is a sentiment-driven story. frankly, i agree with the market right now. a lot of reasons not buy jc penney. >> sharpest drop in sales since announcing transformation 13 months ago, three brokerages cut their price targets today partly beca

penney in a high stakes fight over bed linens, cocktail napkins and kitchen tools.at issue: who will be allowed to carry product's with martha stewart's name on them. macy's has been the selling stewart's merchandise since 2007. it claims it owns the exclusive rights to carry her home furnishings. but rival j.c. penney argues it has the right to sell other stewart-branded products that macy's doesn't carry. ruben ramirez reports. >> reporter: martha's in the middle, as two of the nation's best-known department stores fight in new york state supreme court over just who can carry the domestic diva's home products. >> two different companies are looking at an agreement and interpreting it two different ways. macys is interpreting it very broadly and pennys is interpreting it very narrowly. >> reporter: there's no denying the appeal of carrying martha stewart's brand. macy's says it has billions of dollars on the line. >> for macys, having a differentiated exclusive brand is critical to their competitive strategy and they've invested a lot of time and effort in building

penney and abigail, we'll begin with you.od earings, and the stock was representative of that. something tells me that your fundamental case on j.c. penney will be a little more difficult. >> that is absolutely true, scott. j.c. penney is really a story in turmoil, company in turmoil, due to a transition isn't working out. the reason that we know that a transition to the new jcp isn't working, look at numbers. same-store sales are plunging and free cash flow is in a free fall and revenues, earnings, margins, all going in a right direction so until j.c. penney can prove that they are no longer burning through cash like crazy, this stock, in my view, is just very bearish, could really go no the low teens, single digits, and the way that we would see that sort of a transition would be any kind of improvement, sustained improvement. macy's, on the other hand, retail done right, really executed on great strategies relative to local merchandising, aligning the stores with the internet mobile and the quarter was great out of $1 bill

the jc penney ceo.why ron johnson is joining the "mad money" wall of shame because he has got to go. ron, either stop being so darn delusional or better yet, just stop the charade. spend the time with the family in california. let somebody else take over which would, of course, with all wall of shame entrance send stock higher. stay with cramer. i know what you're thinking... transit fares! as in the 37 billion transit fares we help collect each year. no? oh, right. you're thinking of the 1.6 million daily customer care interactions xerox handles. or the 900 million health insurance claims we process. so, it's no surprise to you that companies depend on today's xerox for services that simplify how work gets done. which is...pretty much what we've always stood for. with xerox, you're ready for real business. living with moderate toch semeans living with pain.is. it could also mean living with joint damage. humira, adalimumab, can help treat more than just the pain. for many adults, humira is clinically p

penney makes its way to a new york courtroom. tiger woods, lance armstrong, and now the olympic runner and amputee oscar pistorius-- all disgraced athletes, and all were paid big bucks to promote products for nike. in this week's "beyond the scoreboard," rick horrow says nike has an endorsement problem. >> for the second time in four months, nike has had to distance itself from one of its endorsers because of a major international scandal. first, lance armstrong and doping; and now, the disturbing murder charge against south african oscar pistorius, who just last summer became the first amputee to compete in olympic games. nike taking down ads all over africa and the world, and the rumor of an official termination; it may be just around the corner. the downfall of lance armstrong and tiger woods and oscar pistorius demonstrates that nike may have trouble vetting its endorsers. but even more troubling is the fact that shareholder value and stock price may be at risk at the speed of a news headline. nike certainly needs to do a bet

penney which was up about 3%. j.c. penney's and macy's are duking it out. we want martha.t martha. both companies have been battling it out for martha stewart products including the. >> , bedding, bath items. macy's originally had the contract, exclusive contract. now you have martha stewart, j.c. penney ceo ron johnson, macy ceo. all expected to testify in this trial. claiming substantial damages if j.c. penney gets to get in on the game. at the same time, j.c. penney is saying that macy's does not have their rights to all the things that they're claiming. so, while, this is going to be big in the big battle lender talking about millions of dollars in sales. two big names and it's all over my the storage products. liz: i love how she was to put the best quality stuff in all of the sheets over a j.c. penney. she was asleep and test on the sheets. she is a perfectionist. they may color something else. perfectionists. thank you very much. in the advertising game billboards, one of the oldest mediums out there, but no leader in the game is letting a business, going digital. h

penney with 1,100 stores. 15% into their revamp. and right now they are earning about $269 per new renovated foot and they are around $20 that they won't be able to complete this transformation. funny with their own cash and really impressed with ron johnson. >> and all that might be true and long term, but the here and now is this is not acting well. obviously it has a little news-related pop but structurally why fight this fight. this doesn't actually survive. you know, it's a tough case to really get bullish here. >> carter, you're the expert, but did i see a potential double bottom being put into place for j.c. penney. >> that's the hopeful way to interpret that chart and it's the pause before it breaks out through the floor and through t the neighbor department. >> they are not pricing in the future. you'll excited about ron johnson. i think he's learned his lesson, but this stock has been volatile but not for the feint of heart. this is the time. this is the now. >> that's what makes a market. i'm selling, you're buying. >> th

jc penney is soaring. does he have to live on that bet?> here folks, listen up, some is something that i don't think has been reported yet. here you go. some wire services out there. not big ones. blogs and then the wire services, i think briefing.com picked up on it. research was out positive on jc penney and things that january same store sales may be flat. i did research. mosaic research in portland, oregon covers jc penney. i reached out to the founder. he said we haven't put out anything. we haven't put anything out, haven'ted a is word. it is hard to find anything. i forwarded him the blog. he said, he didn't know who that was. so maybe there is another mosaic. but michael from mosaic in portland said we haven't put out anything about jc penney. >> tread with caution. >>> going head to head with macy's, get this, marcia stewart. courtney reagan has been following this battle. what is going on? >> reporter: mandy, right now the lawyers for j th penny just beginning their opening margeaux umts here in new york state supreme court mind

penney feeling a little pain today down about 3%.view on cnbc, the company ceo says the worst is behind them, and this year they will return to growth. courtney reagan sat down with the man himself, ron johnson earlier on today, and she joins us now. what did he say. >> reporter: exactly right. a couple hours ago i sat down with ron johnson, j.c. penney ceo, right here at a store in dallas, texas. it's been a tough year and he talked pretty candidly about that, but he says that 2013 is the career that j.c. penney will return to growth. >> as we approach this career the number one priority is to return to growth. it's also the number two priority. it's the number three priority. we want to return to growth, and we think the key to that is communicating value, and we'll do that in whatever way it takes to rush to growth, but it all is rooted in the first price being the right price. >> now, investors are certainly hoping for the shedding of $5 billion in market cap in the first year of transformation. the salons in jcp locations and at

penney earnings on the fourth quarter on an adjusted basis down $1.95.all street was expecting a loss of 18 sent, so considerably more than that on revenues of $3.88 billion, also below expectations of about $3-4-.09 billion. same-store sales, down more than 31%. wall street had been expecting a decrease of 27%. that is the biggest drop, if you look at each of the quarters, of the past year for j.c. penney's same-store sales. last quarter the same-store sales were down 26%. gross margin at 23.8%, considerably lower than what analysts had forecast, and it does appear that there is $930 million in cash and cash equivalent on the jc balance sheet right now. maria? >> all right. thanks so much. we'll be watching that. what a story. j.c. penney down sharply. up next, the rally today happened as apple lost ground. the stock getting bruised in the wake of the contentious shareholder meeting going on. more on that story. stay with apple which closed today at 44 and change. back in a moment. ♪ [ cows moo ] [ sizzling ] more rain... [ thunder rumbles ] ♪ [ male an

today, macy's ceo terry lundgren in the battle with jc penney over martha stewart. what happens in vegas may be keeping visitors from vegas. we are talking about a terrible farm wave on the strip and the impact it is having on tourism. >>> check out zynga shares today. up 11%. one of the day's biggest winners. we will tell you why when we come back. for the rx and lexus. this is the pursuit of perfection. how sharp is your business security?o! can it help protect your people and property, while keeping out threats to your operations? it's not working! yes it is. welcome to tyco integrated security. with world-class monitoring centers and thousands of qualified technicians. we've got a personal passion to help your business run safer, smarter, and sharper. we are tyco integrated security. and we are sharper. lunch." i'm josh lipton. check out the out the pop on the descent volume. the company's ceo will present at morgan stanley tech media in san francisco, scheduled to present right about now, a live webcast and replay will be available, the company says, on its web

we're watching penney down sharply. limited, of course, which reported $1.55.t does it here for us at squawk on t"squawk on the stree" let's go back to wapner at hq. >>> carl, thanks so much. welcome to the halftime report. we march to the all-time highs for the dour. we stand up 9 points. you can see green arrows across the board today. playing defense, the sequester may be looming but the stocks are rallying. what's the right way to make money right now? step into the gap. retailer reporting earnings. our traders face off in one big debate. marching to record highs, stocks continue to climb. is the rally real or fake or based on fundamentals? we're trading with stephanie lee and josh brown. josh, how about that? is this based all on the fed or are there any fundamentals behind it? >> i think it's a combination. i think it had been a big factor but the fed is not the only factor. bonds became less competitive with the stocks and when the tail risks started to fade, people look at their portfolios and say, what am i doing here? i think that's continuing. fundam

penney. again, it very much depends. we have been talking a lot about how you can no longer depend on the overall market but you have to pick individual stocks. j.c. penney, look at them, very similar merchandising that goes on. but down big time because of an overall strategy that appears to veiled, at least in the eyes of investors by ron johnson whereas the gap seems to be pulling itself out of some of its problems. again, you have to pick the stock. at the overall sector of retail that is in trouble that is gaining. it is the individual stocks with in the sectors that investors have to look at. liz: and let's take a look now at what drove the market as a whole today. today's data download restocks were unable to hold on to gains. the nasdaq, down, s&p, what a difference from five hours ago. all ending lower, but despite today's drop of three major indices been in the month in the green with the dow the s&p jumping more than 1%. call that a little hop. 1%. your utilities and materials were today's top performing secto

penney.eported a much wider loss, very weak sales, it's not going back to bringing in big weekly sales, big discounts. that's a reversal of its recovery program for j.c. penney. it doesn't like that. the market doesn't like it, down 15%. tough economy turning out to be good news for dollar frtree. we mentioned that sales continue to grow and discount chain sales are up. why is that? you've got less money in your paycheck and main you're out there looking for bargains. and this is a bargain store. moved up yesterday, 10%. no pullback seriously today and that's all we've got. two stories there. let's go back to larry levin in chicago. i've got this for you, larry. late yesterday the president in my opinion seemed to walk back the doomsday scenario. if we cut spending the sky falls, he appeared to walk that back a little yesterday. any difference to the stock market because of that, what i'm calling a walkback? >> we saw the stock market having a rally for a few things. i can a lot of people are

. >> we are watching jc penney. there it is. down to 19.19. anniversary of retail retailer. court courtney is at their headquarters in tfexas. >> reporter: we talked about the tough year that it has been in the first year of the transformation. this is just days after johnson reintroduced targeted sales after taking a really hard line and saying that sale was no long ear part of jc penney voe kak larry, reaffirming that jc penney would return to growth in 2013. that is important for investors still hanging off on after the company lost in market cap since february 1st of this past year. he said if he had to do it over again, he would have done it by changing a if you tactics. wall street is starting to worry about cash. early on, johnson said he would be able to self fund the transformation from start to finish without tapping into the revolving line of credit. i asked johnson if that is still true. >> with the cash we have on hand, we have yet to tap into the revolver. it doesn't mean we wouldn't at some point. >> and that's the first time th

. >>> on the "cbs moneywatch" now, jc penney in the red, and retirement becomes more elusive.ison is here in new york with more on that. good morning, ashley. >>> good morning, anne-marie. well, asian markets rallied on the expectations that italy will continue its fiscal reform. tokyo's nikkei rose nearly 3% its biggest gain in three weeks while hong kong's hang seng added 2%. ben bernanke did it again. he told the house committee wednesday he stood behind the banks' low interest policy and that sparked another rally on wall street. the dow shot up 175 points to a new five-year high while the nasdaq rose 32 points. >>> jc penney is still struggling. the company said wednesday the revenue plunged by nearly 30% in the fourth quarter. the department store has posted massive quarterly losses for the past year. ceo ron johnson says jc penney will start offering sales every week in the hope of luring back customers. >> jack lew will be sworn in as treasury secretary today. the senate confirmed him yesterday. lew served as president obama's chief of staff and will replace timothy ge

sear's department stores are located in the same malls as jc penney.a handful of analysts even issue estimates for sears so consensus isn't truly representative for that name. after the bell specialty retailer gap does report, and that's a retailer that has been a bright spot recently. i'll bring you earnings when they cross. i've not been inside a sears to actually purchase something in a very long time. >> i couldn't tell you where my local sears is, to be honest. >> it's a problem. >> i'm not sure there is one near me. >> i don't either. >> oh, come on. >> i'm serious. >> in and out of sears all day long. >> listen to her, miss shopper here. >> let's get to eamon javers with breaking news from washington about the new treasury secretary, yes? >> reporter: hi, bill, that's right. well, it was a very low key debut for treasury secretary jack lew. he was sworn in this afternoon as treasury secretary. they did not allow the media or cameras to be in the room so we'll have to basically take it on faith here from the treasury department that that in fact

the old penneys customer back.s talk about retail stocks, consumer confidence up, we saw better numbers out of macy's. >> me see that a great number that came out at 205 earnings for the quarter, nobody thought they would be above 202 including me. the street had been 199, they had a great january. nobody has a great january in retailing but they did. tracy: they had the week of wonderful so that works, use a by j.c. penney at 17, why won't you go near this? >> i was very negative on pennies from the first meeting at forty-three dollars a share all the way to 17. i felt really smart. at $17 i said they're not going broke, these shops will work, they get better at the back end of the year. is probably time to take a hard look at them. could they go lower when the release for the numbers tomorrow? they could, but i think they are interesting by in the 17 range. now there are $20 a less. they could be a $30 stock this year and positive in the back half. tracy: thank you for being here. dennis: stocks every 15 minutes,

as of december losing $400 million on the jc penney stake.you take the valley of the stock yesterday as of low he today, that a loss of $129 million for jackman -- >> just as of today. >> as of today. >> and sales have not responded. stock has done exactly the opposite of what you would want. >> true. but ackman is still very supportive. i believe we have a soundbite where he says just that. everybody else might be negative but this might be the time to buy. this this is from two weeks ago. >> the press is unbelievably negative. ron gets picked on. my general experience is when efrp thinks you are completely stupid, very, very bearish on the company, is probably time to look at the stock. >> let's talk about kohl's. one would think kohl's would be the beneficiary of jc penney's lows, not so much. >> not so much. up almost 17% at the year-end. they have inventory, but the wrong inventory. the other problem is a real estate problem. if they don't like what they see, it is harder to turn around and walk into kohl's because kohl's aren't anchored

penney's. sears is doing well because they have the supplies, the paint and the tools.point where it could turn around, i was today's to early. rhine and johnson will probably not last through the holiday season. he is going to bring discounting and couponing back. he brought couponing back but said no discounts. he said i will sell a share for $40 that as actually $20, was at a 50% of sale? people love shopping at dollar general, they go crazy shopping there. apple stores, and t. j. max. they are smaller and modern department stores. >> pandora out how much is costing them a lot of money to streaming music. they're talking about limiting it to 40 hours a month for people who streamed for free. >> i like this. it you streamline your phone, it is down to four hours a day. this is ok. they will add 99¢ if you want to go above that. they are trying to monetize it is going to be slow. i think apple sued by pandora, spotted by an netflix barry. pandora cannot lose money for ever, i did that there ceo is on top of it but it is not enough of a big business monologue. >> they h

it's a lawsuit involving macy's and jc penney and a martha stewart with living.s has an exclusive agreement with martha stewart to sell her products in their stories. but jc penney opened a store within a store and say because it is not actually sold in their store but a store within with jc penney they don't infringe on the contract that macy's has between martha stewart living and macy's. playing out ceos in the courtroom. martha stewart stuff sells well at macy's. >> it will be interesting to see how it turns out. thanks, brian. have a great day. >> it will be interesting to see how this turns out. yoga ball can be great for two reasons. to strengthen the core and a help with with stretching and relaxing. kim weeks is here and you brought along this ball that people see and either they are drawn to it in the gym or stay away. either today run to the corner and start doing crunch city or say, i don't want those crunches today. >> she'll sit down with her profile to the camera. it's useful in life and in yoga. you can see she's got to work with her core to sit u

well, it turns out, marla and terry, jc penney shoppers really like sales.store, in fact, announced it's going to have a sale every week. prices up here, cut down to here instead of just keeping them here. >> okay. >> it works. >> yeah, it does. thank you, scott. >>> 6:57. one day away from congress's deadline to avoid $85 billion in automatic spending cuts. lawmakers have not signaled any compromises, and at this point it looks like the cuts will go into effect. president obama is planning to meet with both sides on friday, tomorrow. the day the cuts are supposed to take effect. >>> boeing says it has a permanent fix to get its krou troubled 787 dreamliner back in the sky. they're going to rewire the batteries to prevent short circuiting to spread to other cells. >>> santa cruz police officers will be back on the streets today after taking a day off to mourn the deaths of two officers. two of their own. last night the community held a vigil for sergeant loren baker and deckive elizabeth butler. the two were shot and killed as they investigated a sexual assa

it is expected that stewart and jc penney and macy's ceos will testify. back to you. >> okay. seem gla, thank you very much. >> hundreds of drivers spend much of the night stranded in the mountains, caught up in a sudden snowstorm. chp says conditions deteriorated rather quickly on highway 58 near tahatchapee. officers had to shut down a stretch of road overnight. the chp is working to get cars off the road. officers say the highway was especially crowded because drivers were trying to beat a closure on the grapevine. >>> meanwhile, drivers in tahoe also dealing with with road closures. sierra hit with eight to ten inches yesterday causinging a brief closure. some accidents were with cleaned up. well eel talk with the chp at 50 and 80 are open. we're going to take you live to squaw valley and alpine and check ski conditions there. with all the new powder i can guarantee it will be nice. >> indeed. just as christina was forecasting the snow up there. it will probably be cold. >> not bad. enough sunshine to warm into the 60s. we have a good day. active weather day. i want to bri

the only one -- only name i might consider taking another way is jc penney.hat's because it's been so maligned that maybe you could have a short squeeze and propel it higher. that would be a spread trade. every single one is probably a sale here. >> perhaps if walmart had this, february would be a different story. we are talking about stocks versus options. want to short costco off the walmart disaster, that can be costly. dan's costco put is just 120 bucks, offers huge leverage to the down side. let's move to the other big story of the day. that is the billion blowup. gold finishing the worst week in eight years falling 2% above 1600 an ounce. we heard from carter earlier. going back to him on this topic. back in january options action fans will recall he published a bearish report that gold would break the 12-year winning streak this year. where do you e see it going now? >> this looks to be just beginning frankly. it's a mess. let's look at the charts and figure it out together. i have drawn the lines several ways. this is going back to 2008. we stayed on

. >>> martha stewart needed money and jc penney gave it to her. that led to a lawsuit by macy's.ow they're all in court. now we'll show you how the battle is becoming personal. >>> north korea, the most closed off country if there the world is opening up to former nba bad boy dennis rodman. >> i got invited to come over and have some fun and i'm hoping that you know there'll be some fun. >> we'll show you the connection between rodman and north korea's new leader. >>> plus consumer reports reveals the best new cars 200613. on "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by reeses pieces. perfectly fun. chili's lunch break combos start at just 6 bucks. so ditch the brown bag for something better. like our bacon ranch quesadillas or big mouth burger bites, served with soup or salad, and fries. starting at just 6 bucks at chili's. celebrate the first flush - and every flush after that with pull-ups training pants. press the button! our pull-ups big kid app is the new way to make potty training all kinds of fun! don't miss out download the app today!

penney like her. >> they won't want her.took the stand yesterday and he hung occupy martha stewart two years ago when she called him to tell him that her cookware and her bake ware and awful her home goods would be sold also in j. c. penney and macy's was was saying we have the exclusive right to your items and well, j. c. penney's and martha stewart is trying to prove that that is not the case, that the definition of a store is what is at stake. j.c.penney has a store within a store concept and therefore can sell her products. so all of these executives taking the stand this week. >> fighting over martha stewart. thank you very much. you have a wonderful day. >> good to see you. >> two potential member of president's second term cabinet face lawmakers on the hill you had. >>> spring training continues for the nats in florida. a breakdown of how the team is looking so far.  oh, hi thehey!ill. are you in town for another meeting? p, i brought my a-team. vo: business trips add up to family time. this is my fami

penney. plunging and so are stairs of the stock. we saw j.c. penney could use a little of our help.ustice not cut it. here a few suggestions on how to turn this one around. the coupon, bring it back from the dead. whenever the company does storewide sales, but this is not working. the right coupons. hello bringing in a fresh designer to do what started as done in the past. expensive fabric. but sunday when over a target you could not give into the stores. he has taken them by storm. how about the land? he too has just captured the eyes and ears and the world of the fashion world that there. best women's clothes into very much the modern era. forbes says he had sailed the way modern women dress. a promise there would take this give card not been inspired to go into j.c. penney. she will go if the kurds of was in critical designers. the dow jones industrial opposed to finish higher. about 35 points. everyone battle excited. updated the all-time high. >> i think he was listening to you and taking notes. the dow jones industrials. the month of february. about 2 percent there. however, f

pitting macy's generals jc penney with one of america's most recognizable domestic powerhouses righte middle. i have the highlight from the opening margaret from macy's side coming up on "power lunch." ♪ [ male announcer ] how do you engineer a true automotive breakthrough? ♪ you give it bold new styling, unsurpassed luxury and nearly 1,000 improvements. introducing the redesigned 2013 glk. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. i work for 47 different companies. well, technically i work for one. that company, the united states postal service® works for thousands of home businesses. because at usps.com® you can pay, print and have your packages picked up for free. i can even drop off free boxes. i wear a lot of hats. well, technically i wear one. the u.s. postal service®, no business too small. [ cows moo ] [ sizzling ] more rain... [ thunder rumbles ] ♪ [ male announcer ] when the world moves... futures move first. learn futures from experienced pros with dedicated chats and daily live webinars. and trade with paperm

penney are up after the bell.be s 6:30 a.m.. >> facebook is one step closer to building a new campus in menlo park. the city's planning commission has given the social media company permission to construct a 433,000 sq. ft. building. it will be located across from the facebook current headquarters. the project will be a massive undertaking, the planning commission rezoned of the sides so that the building could exceed 35 ft. height limits and cover% of the property instead of a maximum of 50%. an environmental impact report was also approved. >> the san francisco 49ers have about to make their new $1.2 million stadium in santa clara but greenest in the nfl. the team announced tuesday that some power will be the officials solar technology partner of the 49ers and the new santa clara stadium. some power will supply 400 kilowatts of solar panels that will help offset the power used at the stadium dorn home games. the new facility will feature a variety of green elements including bike parking, water conserving plumbi

penney ceo >> if i knew j.c.o to a diesel store. >> will the impending sequestration caused a mart major sell-off? >> friday as march 1st, that is will we will start to see it. the media is making it sound like massive job cuts are coming but it came last year. democrats are trying to go after republicans, republicans are going after democrats. do not pack.panic. >> starting to try to warm up a little bit as we head towards a really warm weekend. >> we just finished our weakening but we have '70s and the forecast. today is not too bad, look at all the blue sky. reconditioned at times but it will be another nice day. temperatures are in the 30's and '40's, a bit chilly. as afternoon, breezing at times but lots of sunshine. the play of sun for the rest of the week. we will see a warming trend, '70s and the seven day forecast. 47 downtown, 43 san mateo, up 50 1/2 monday , pleasanton mid 30's, up mid 40's for san jose. satellite and radar shows as we have plenty of sunshine, a few clouds streaming in. showers of snow

penney and macy's. they are duking it out over selling her merchandise. macy's said it has exclusive rights. >>> all right. a simple supplement would cut the risk of breast cancer in women. find out what common treatment for machine they pause could lower the risk. >>> and we'll take a look at seth macfarlane. >>> answering your heart questions. doctor, what's the best way to pick a cardiac surgeon. >> often times patients are referred by their cardiologist. the thing i advise patients on you have to establish a rapport, be comfortable with the person. they have a top answer your questions, want to spend time with you and put you at ease. you have to feel a sense of comfort level that that person knows what they're doing and how they will perform it. you can look on the internet. word of mouth is a good way. people in the community know who's a good operator. >> maybe you should shop around as well. >> the phone banks are sitting by waiting for your calls. the number to call, 410-481-2222. thrp' here until 6 -- they're here until 6:30. >>> a beautiful fin

penney trading higher. j.c.enney has increased their buying capacity which is part of the reason for that move and sporting goods, performed better than retail sales numbers. shares moving under a little bit of pressure and cabela's reporting their sales. we'll pay attention to that. and online retail, another area of big, big strength from the report and a continuing from what we saw over the holidays, amazon up sharply but not so much from the retail sales report. more because it announced a content dale with cvs. lots of movers including the retail sales data. >> tanger factory outlets know a little something about retail trends and the shopper. the company owns and operates over 40 outlet shopping centers in 26 states. over 175 million shoppers visit a tanger outlet annually. >> while the company saw a jump in year-end earnings for 2012, that stock has been under pressure today. wondering whether investors are concerned that the consumer may not spend as much in 2013. what does tanger ceo have to say about t

penney will duke it out in court who has the right to sell martha stewart's branded bruise. amazon will jump start its streaming video service. creators will get $10,000 for an option and a share of the royalties if there show is produced. oscar nominee helen hunt wore a strapless gown from h and m. straight ahead, sword swallowing in the big apple for a good state. ohio state takes on michigan state as march madness gets closer. you're watching "early today." >>> now to some stories that caught our eye this morning. we begin in california with a major melee between college baseball teams. fists began flying after one player was tagged out and shoved by an opposing player. the bench-clearing brawl between sacramento state and u.c. riverside led to three player ejections. >>> in chicago, police arrested at least 20 people after rowdy teens stirred up chaos inside a shopping mall. >> jumping on top of cars. knocking out windshields, rearview mirrors, trying to get in stores. is opening traffic. throwing stuff at the police. anything you could think of they were doing it. >>> o