and we are holding gains at the moment. it is not something that sets off fireworks were anything but it is the swing would like to point out to you. general motors near three-year high after he learned the government sold $1.2 billion in gm's stock putting gm much closer to winning complete independence from the government after the bailout. at least one analyst saying gm could finally be free of the government entirely by the end of the year. let's flip it around and show shares of general motors which went public a long time ago. 33. here we are at 37, nearly 38 at the moment up $1.33. gm up nearly 48%. the retailer whose holiday windows are always synonymous

with festivities much better than quarterly earnings. macy's in boast etf and revenue. in just one month up 9%, another gain of nearly 10%. with $50, $0.82 per share at the moment. you can see the big spike to the right of your screen. it has been a long haul for macy's which overhauled his entire management structure a couple of years ago and it has worked. macy's not the only retailer rallying today. for others hitting all-time highs, the s&p 500 in record territory. nicole petallides for you and i love to look at these retailers. nicole: absolutely. we know some retailers that have been struggling and others that continue to do well. sometimes they correlate.

today we are seeing a lot of the retail names jumping up a long, macy's came out with great profits. nordstrom, limited brands, nike. a dow component as we are saying the s&p 500, some of these retail names help the new record highs today. so we have seen a slew of them, a whole long list of names related in addition to the ones we show. it really is bed, bath, and beyond. think you are getting one thing, you come out, is fun to these retailers especially heavy holiday season. liz: that is right. going for the towels and come up with the no space verse. nicole petallides, thank you. the trade action is very

interesting. a bumpy morning for the market. stocks have indeed turned around things in part to what? speculation over what the chair nominee janet dillon might say in his senate testimony tomorrow. for the latest, the market moving on what they believe she might say. we don't know what she is going to say. are people really that focused on what jenna dion might say? >> what else is there to focus on? the major headline will be janet yellen. economic data will come out tomorrow and friday but what happens here will be a significant move to our market for moving forward. transparency as to what the plan will be moving forward is what investments wants to hear. what are they going to turn the spigot off, and quietly doubt

has transitioned into janet yellen. the plan that is going to be put in place. what investors want to hear is what are her true thoughts on how and when we can achieve what we all want to achieve. liz: another guys in chicago are very interested in all things federal reserve because they move things like treasuries. you saw a little bit of action on tuesday. what do we see today? >> think it is all janet yellen. this morning before we opened the market was off a fierce she was going to taper. my experience has been she is going to be completely noncommittal. she will not get controversial tomorrow. what will ultimately drive the taper or notepaper thing is how the economy is doing. hopefully it does not come back

in january. and then they can make a decision based on economic data and nothing else. liz: do think a nominee tends to hold back on what they're really going to do in front of his senate confirmation hearing? >> definitely. why would you commit to something you have no way of determining what you are going to say. client did not paint yourself into a corner, that would be way i would approach it, shows little of my hand as possible. liz: you think so? 3 trillion on the books at the fed. >> she will be very vague, and she has to be. i don't expect her to give too much information. is she intends to what is going on?

absolutely. but once she gets in that chair, she will have a much better idea of how things will play out. liz: one thing we all know if you look at the indices including the transports which have hit record after record, what does it tell you guys? these stocks and these names have done a moonshot. we know involvement has been bullish for stocks but you flip it over and look at the u.s. dollar which any day does not know what it is doing. any kind of tightening, dan, would be bullish for the dollar, right? >> ultimately it will be bullish for the economy because people are too fearful of tapering. member we are at quarter percent on rates. at the rock bottom, so they will go out. in most recoveries as rates are going up, also the stock market goes up. initial move will be down, use it as an opportunity. liz: thank you very much.

of course she is holding back. that is why we love her. >> why wouldn't she? liz: exactly. thank you for joining us. we need to get to the financials. five years ago the financials, you got us in a big world of trouble. they got us into a big world of trouble with the derivatives and the toxic assets on the book. but one of the world's biggest banks, which has already been hit by a string of scandals is being slammed with another one. believe it or not, it is not a u.s. bank. it is he cleese in the uk. it is dealing a blow to ceo attempts to turn the bank around. barclays telling fox business to top executives have left the building. liz macdonald, who are they and what is going on? >> shares have been under

pressure all day as the bank has been hit with another problem in the turnaround efforts. what we're hearing is two of the most senior bankers have resigned and put in the head of compliance and government relations and chief operations and tech officer who is now reportedly going to be the next gui of juniper networks. u.s. and overseasrs have widened their probes into rage raking and transmit relations by more than a dozen big bangs. here is what is going on. barclays hired him away from the financial services authority. he was given the job to help clean up barclays including working with government investigators. now he is leaving due to exhaustion and stress. he is about 58 years old, he led in 2007-2012 and how to clean up

after they were pushed out the door at barclays. liz: juniper networks is moving lower right now. interesting. he was chief technology officer. does that help? >> he has a good pedigree there. i was just saying i looked into his background, has a really solid background in operations and tech. he came up through the banking world that is another jump we are going to see from the banking world into tech. you see juniper is under pressure as well. liz: you don't want that as incoming ceo. we will watch it. the closing bell ringing in 50 minutes. call it twitter for you, the investor.

we speak with the chairman and founder, this the company that has managed well in advance of anybody else to harness the power of social media as it pertains to stocks. and really would you watching the aggregate with the herd is doing it can help investor out there. we will hear one of the most popular stocks being talked about right now and the ones you better watch out for. also, the embattled herbalife bracing for new assault from bill ackman. but the stock continues to fight back. through the details of what the investor who calls nutritional supplement maker a pyramid scheme will say. charlie gasparino has that. got us thinking what is he so scared of? what those supplements really taste like? fox business superstar producer mixing up some of it right now. the crew and i will be tasting it, a taste test on a day when

everybody's focusing on this stock. charlie coming up. taste test coming up. the stock is up. you really love, what would you do?" ♪ [ woman ] i'd be a writer. [ man ] i'd be a baker. [ woman ] i wanna be a pie maker. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪ when you think about it, isn't that what retirement should be, paying ourselves to do what we love? ♪ there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order.

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liz: the power mover of the hour is crocs. they have tried very hard to merge into winter footwear surging 10% after the "wall street journal" reported the company is considering going private. inviting a small group of private equity firms to present their ideas for a buyout. stocks spiked, a big move, we are watching this stock. i know a lot of you have individual stuff in the portfolios you specifically have whatever website you use, fox business, we hope you. but such a small company decided let us get on that action the smartest way possible and also a must have tracking tool for all investors. the social media site for stocks where more than 300,000 investors so far share things called messages.

140 characters or less. the site uses that data to help users get an idea about the overall investment field, that heard mentality. what the community on each stock is buzzing about. now, the man who cofounded and the chairman. how many stock symbols are in your head every night? 7000? >> not that many. when i was 40 i knew a lot. i try to keep it small. the stock market is an amazing thing, and it is underappreciated so we forget what these stocks, companies full of people, these giant energy producing machines. what cap how you.

lori: you came up with a server break-in aggregate what they're doing. let's first gets to u it to be e biggest sort of stock event over the past two weeks a month. >> i thought twitter was a public company years ago. it affects so many things. i thought twitter had a better sense of humor they would have used twt. that was the biggest moving stock. tens of thousands of messages very quickly from traders all of over the world talking about this stock. what was so interesting is we could gauge sentiment in real-time. we felt the smartest group of people on all day talking were really negative when that stock came public.

liz: is a company that does research, they put up a tweet, a message that we pulled out and we can put it on the screen. it said although twitter is still holding onto a gain of 4% from the opening price, they are not impressed. how on point is it possible for this to be about the future of the stock? or is it a day today issue? >> you use these things as tools. i think of them as chairs. you are trying to get in touch with mentoring chip. on certain occasions a lot of smart people said this is too much. the great indication the stock would go down. liz: it is well off of the highs of $50. 10 to 12%.

a lot of new new still try to kp with fox business. let's get right to what is moving today. you were checking, what jumped out to you? >> crocs. the news comes out, people are now a lot of people on the site that have been long crocs for a while. now they're going to be the ones who know the most and they will chime in and dominate the conversation, back and forth to see if there is a deal, what with that price be. you know the news, you flashed the price but try to figure out what it be $17 offer, $18 offer, a real offer. liz: and name i noticed, we have checked on this stock and we have done this stock recently because they had done a very negative research piece saying it is the biggest customer

didn't exist, boy did that stock just plummet. tommy, the message volume that has spiked since that's news to first broke. is it a bearish or bullish? >> i don't like to get involved in stocks. for most small retail investors where there is noise, small investors should stay away. you should try to move away from it. the news is happening whether you are in it or not. but what is most interesting is a firm in this day and age at the bigger following on twitter can come out and release a story and dried stalk down 60%. that says something about the state of wall street research that isn't bringing the stuff to light and we had to go to smaller firms from all over the world. the social distribution of research and knowledge now further proves the point of why it is important. we need to listen to them.

liz: is it important enough that twitter may try to buy you? >> we have not talked. i am a shareholder in twitter i thought it made sense. i had the idea of twitter for finance. that is working with the idea of the we added into the ecosystem. we gave it to the ecosystem and not twitter has claimed it as their own and links internally. liz: claimed it as their own? copycat, no credit. welcome to the evil world. >> they are a media company and nobody told a media companies were going to be nice. the thing of taking someone, their focus just on stock conversation, our audience, we are teaching a new generation of investors, mentoring them. people can take what we have but we know what we're doing next and twitter doesn't know.

liz: everybody go on stock twi twits, register for free. cofounder and chairman, and i do detect a canadian accent. >> toronto be liz: toronto. it is a prizefight between two of the world's biggest technology giants. apple and samsung squaring off in court again? wwe're going to handicap this particularly interesting legal brawl. plus bill ackman is praying and hoping that his sword attack on herbalife draws massive blood. he is trying. it is not working so far. a company he says is a pyramid scheme. we have exclusive details. what do the nutritional supplements actually taste like? we are doing our very own taste test in the studio.

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liz: a few weeks ago billionaire investor bill ackman says he has new information on herbalife that would reinforce what his massive short position on the company is a good bet. we have been waiting for that. charlie gasparino now on details what exactly the new information is and we're waiting to do the taste test. we already have shauna in the control room and marco on the set. now i have mine. shauna is still drinking. charlie: like she is choking on it. is it good? what does it taste like? chalk? now i know why he shorted the stock. liz: there watching your story.

charlie: we met ms. southern germany. she is gorgeous. that is all i can say. i googled southern germany. she was absolutely a knockout. liz: i am shocked. go ahead. charlie: bill ackman believes herbalife is going to zero. it is a pyramid scheme or you run out of distributors because nobody likes the product. a barely 4%. it went down right on our report. liz: you just got off the phone with a few people. charlie: coming out at the robin hood conference. they tout their calls and raise money for charity. we understand he is tweaking his

presentation. it will be on herbalife, but he will come out with eyewitness testimonials, this is what they fear at herbalife, this will be disgruntled employees were disgruntled distributors basically trying to backup his claim that this is a pyramid scheme. you have a company with distributors and the distributors pay the company money. when the distributors cannot sell the product anymore the distributors believe in the company implodes. that is essentially what he is saying. they don't sell enough of this to justify the valuation. liz: the company has been in existence for decades and decades. charlie: and making money. they had that incident they got caught for insider trading unrelated to the stock so they basically nullified three years worth of earnings.

so what it is going to confirm is the company is still highly profitable. liz: carl icahn took a long position. so, he, of course still likes it a lot. is he still in the position? charlie: i did a q&a. we interviewed him last week, i asked him what is your out? he has to cover short and will lose a lot, 500 million, but i asked carl what is your out? not a lot of people want to buy this stock apparently. he has a huge position. he has a board seat. he says your long-term shareholder. can i smell it? are you ready?

this is great. i am telling you right now, this is better than what i drink. charlie: it smells weird. right? liz: i didn't smell it, i drank it. charlie: i drank protein shakes every day. liz: i'm giving it a thumbs up. two thumbs up. has a breaking news out of washington. we had a u.s. department of health and human services has released the official enrollment numbers for obamacare. rich edson has them. rich: 106,000 people have selected plans coming from the department of health and human services. when you look at what the phone calls and the volume or, 27 million people visited the

website, what her 6000 have selected health insurance plans, 975,000 made it through to the point you do select a plan, but did not select a plan, 396,000 affects their eligibility for medicaid and what is known as the children's health insurance plan. what these summers don't really tell us first off, if you have 106,000 people selecting a plan we don't know if all of those applications made it all the way to health insurance companies. we don't know if they will pay their premiums when they are due december 15. saying the numbers are boosted for those who have put the plans in their shopping cart and have it exactly checked out. you need to 68,000 people to sign up per day the rest of the five months remaining to hit the administration target of about 7 million in the open enrollment period. those are the numbers they are calling inflated.

liz: if they are saying it is inflated, you know it is continuing to be a battle. thank you very much. i love this. i used to see the headquarters on the 405 freeway every day back in the day. they have moved since then, but i've never tried. charlie: do you think ms. germany is drinking herbalife shake/mark she is all natural, i you. she was gorgeous. liz: charlie gasparino. the closing bell 27 minutes. $300 billion show down back in court once again. the latest details of the big apple versus samsung showdown. and a chapter on this one. and up for sale?

northern california post coast , an entire town looking for a buyer. when we come back. you make a great team.

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liz: we've got some inside baseball stuff from wall street. very good day for certain common employees today. investment banking giant, does this every two years, announces a newly promoted directors. nicole: i don't think anybody in

the financial industry would mine being in md at goldman or any of the other great firms for that matter. managing director is a great on wall street. that being said, let's look at how the financials are faring today. on this, the day the s&p 500 stocks moving an all-time high. all with a barrows. jpmorgan only one that is slightly lower. dow component not even one-tenth of 1%. this group right now, bank of america 2%. this group was beaten down yesterday, don't forget. so had some room to recover a bit today as a market turned into the green earlier today. concerns of china's economy and some leaders making some commentary that was worry some putting pressure on the market overall. and now still holding onto some nice gains. up nearly 50 points and the financials are up along with it.

financials and utilities the big lagger. liz: back in court with bloody fists as they fight for supremacy in the smartphone market. apple and samsung are facing off over patents worth hundreds of planes of dollars. we get to the bottom of this thanks to jo ling kent has been looking at all of it here. >> apple has made its opening statement and essential question is did samsung to put kate key iphone and ipad features or is apple the copycat to blame. apples that they want $380 million in damages from samsung for patent infringement. the jury had awarded apple $1 billion but according to the ap, judge o later disputed damas for those in question. snazzy new jury is free to call

for a new amount of damages up to the original 400 million, or they could come back and say samsung owes zero. legal experts say usually case of this size and scope are settled outside of court but since the district court judge refused to ban sales of products this time there's a lot at stake. the legal fight that have a direct impact on the lucrative chipmaking deal with apple. yesterday we reported samsung may have struck a subcontract to do foundries in upstate new york to fulfill apple's orders for iphone and ipad chips. samsung decided to make its opening statement today as well. lasting about a week and the outcome could provide clues of what we can expect for the much larger apple-samsung trial for march involving products still on the market. liz: i was at a dinner last night for building homes for heroes group and it was split down the middle.

iphones, galaxies. do not count out samsung ever. talk about alternative investing. have you ever wanted to own a piece of gold mine history? you may want to consider the ghost town in northern california about 100 miles northwest of like tahoe. it has been listed on craigslist for $225,000. what do you get crushed mark a bar and a liquor license. and all that remains of one busy strip when it was a big mining town. after gold was discovered in 1851 and in case you are wondering a buyer will get the mineral rights as well. if you want to dig for it but several important caveats including the fact there are no utilities whatsoever.

apart from the fact he won't get cable tv at the bar, cannot flush any toilets. a dealbreaker. owners are making it vividly clear the property is not suitable for anyone like me or marco because marco has to watch his giants and yankees every day. the closing bell in 17 minutes. the bulls are running but for how long? one investor who says he is not worried at all about a bubble anytime soon. and the market may close at 4:00 p.m. eastern but i am always on call for you. go to foxbusiness.com/on-call and sign-up. we will give you the biggest headlines, the hottest stories and what you need to be watching for the day ahead. the most important 90 seconds of news at your smart phone.

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liz: the markets continue to climb, to march, to run higher. s&p 500 up 24% this year, more than 160% since its bottom in march of 2009. is it a pop? many investors are wondering whether we're in a bubble that could bust or pop at any point. my next guest says what, me bubble? nothing to fear, the stock rally will not fizzle anytime soon. here's financial group managing partner. why aren't you nervous? >> i detect an unusual powering

our voice voice after drinking that shake. liz: i'm giving it t two thumb up. there she is, she did not like it. not good. don't get the mint. it is all in the flavor choice. >> in my view the market is talking about bubbles. when is the last time the market predicted a bubble? in 2005, 2006 very few people called for a housing bubble and they were absolutely right. in addition i work with a lot of retail investors, lots of folks on the ground. they are scared of the market, usually when we see people unafraid and make decisions that are outside of their personal circumstances, that is when we get worried about a bubble.

we don't see it on the different folks we see every day. liz: you're saying people are not stressing themselves to jump into this market and therefore it is not that top-heavy. speaker that is right. if you look among the investors we meet every day, your senior high allocation to fixed income even still. the average investors probably tilted exactly opposite the way they weren't 2,000,005, 2006. now they are completely opposite. a lot is going to reallocate over the next couple of months to show the average person allocating on a fixed income into stocks. liz: the last time you were here around august 23 you really liked google, a jump of 16%. a very decent to an half month return. you have an engine maker, energy company and a social media name.

what i like about that is where jumping around to different sectors. suddenly engines are hot. we just profiled in natural gas company maker. you are picking this one. >> that is right. they just introduced this natural gas engine in the tractor-trailer line. i really believe for the first time you're going to see an engine that can be sold to the trucking community. natural gas being inexpensive produced here, they're in a position to take advantage of it. liz: it looks good here. the company profiled yesterday, would we have known, 12,000% since 2011. but the engine opportunity is there. this has been in more traditional discoveries as well. >> the thing about apache, they

had some assets in egypt that were really problematic. folks who try to figure out how to value the assets if they needed to sell them and they had a huge premium. i believe that is going to be a fantastic place to be an investor. liz: he waited for an opportunity where there was some question or worry about the stock, which is a good company. that is when you buy it. right? >> you don't want to invest in the clouds are free, understand the businesses that we can pick off opportunities when they emerge. liz: what about linkedin? >> the social media space is sort of on fire right now. snapshot just turned an officer. but among the different social

networks, linked in is probably the one thing has a best revenue opportunity in the future because of the advertising, professional network that it is. that is the one to own for the coming months. liz: you see the loft in my hair and skin since i drank the herbalife? we're already getting e-mails, can we see the girl again who was drinking it? shauna doesn't need any supplements. thank you very much, it is good to see you. here's financial group managing partner. we will put all of them online. six minutes away. look at the s&p well above the record high of 1771.95. if we stay anywhere above that, which we are, we will see a major record once again. we will bring you the winners coming up. stay tuned.

you really love, what would you do?" ♪ [ woman ] i'd be a writer. [ man ] i'd be a baker. [ woman ] i wanna be a pie maker. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪ when you think about it, isn't that what retirement should be, paying ourselves to do what we love? ♪ there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order. good news. i got a new title. and a raise? management couldn't make that happen.

[ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex.

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get live squawks right in your trading platform with think or swim from td ameritrade. liz: let's go shopping for the winners on the s&p 500. among them we've got macy's, pioneer natural resources, phillips-van heusen, northanother retailer and red hat. it has been going through a tough time. not one of the best performers year-to-date where we've seen a real market rally. today it is moving higher along with, we can't say general motors enough because the government is finally selling more of its shares. meanwhile, "after the bell" is seconds away. david asman made it down to the floor. david: good to see you. we still have $12 billion worth of gm. they are selling a billion.

that is going in the right direction. this is definitely boeing in the right direction, right? have let's find out more about it. nicole petallides had her finger in the wind from cisco, net app to seaworld. talk about all those. >> look how they're faring. green arrows for all three of the names, due to reports, seaworld, penguins walk through for the ipo, last three months it was down about 12%. down about 12%, today a winning day for seaworld and other names we mentioned. david: our friends at gogo, airline internet customer service, we had them on monday. they are having another spectacular day. up 13% again today. >> this gives stability for internet on the plane and another great day, a record high of 28.50. they reported better than expected third quarter earnings on monday and got a jump. >> one of the best performing ipos p company called potbelly.

third quarter reporting results of making money. >> people love potbelly. up 9% today, 15% through the week and we're only halfway through the week. david: social networking folks, talking facebook and linkedin. they had a heck after day as well. >> facebook is higher. linkedin higher. facebook actually reportedly offered over $3 billion for snap chat. it was turned down. and linkedin, we're watching that one too which is a winer. >> we really can not ignore crocs. i'm looking at the stock symbol because it is down just under a percent. it got very volatile when word was it is floating itself to private equity to possibly go private. >> very interesting to watch crockings. you may remember this was a high flying darling of wall street. that changed to a certain extent. face intense competition because their footwear is copied left and right. we'll see what happens. liz: just a few seconds before the bell. it is jumping 10 full percentage

points, crocs. [closing bell ringing] david: what a busy day on wall street. liz: it is really. we were down significantly and then suddenly the markets turned around. people are buying whatever tiny gain they see. here is how we round it out. s&p 500 makes it another record here. previous record to beat was 1771.95. it is a wide margin after win there, david. david: look at nasdaq. the nasdaq was best performer of all the indices up over a full percentage point today. look at today's headlines moving stocks. macy's reported higher than expected quarterly sales and earnings. the department store chain says business is improving as the holidays approach. liz: perry ellis international, the stock getting crushed after it cut its full-year outlook because of reduced shipments in the third quarter. david: it was a miserable