Financial Markets in Crisis: Rescue Bill Reaches Finish Line

October 3, 2008

The Gibson, Dunn & Crutcher Financial Markets Crisis Group is tracking closely government responses to the turmoil that has catalyzed dramatic and rapid reshaping of our capital and credit markets.

What follows is our latest in a series of updates on key regulatory and legislative issues.

Today, President Bush signed the Emergency Economic Stabilization Act of 2008 after the House of Representatives passed the legislation by a 263-171 vote.  One hundred seventy-two Democratic members  and ninety-one Republicans voted for the bill, while 63 Democrats and 91 Republican members opposed it.  After the House rejected a similar bill on Tuesday, the Senate resurrected the legislation by adding amendments to the rescue package – most notably, increasing the FDIC insurance coverage for depositors in banks and credit unions from $100,000 to $250,000 – and by adding unrelated tax and energy provisions.  These changes, together with a political climate that had shifted markedly, gave the bill enough momentum to reach the President’s desk this afternoon. 

The new law provides Treasury up to $700 billion in authority to purchase troubled assets from financial institutions.  The money will be made available in tranches, allowing the Secretary immediate access to $250 billion, another $100 billion upon the President’s certification, and the final $350 billion upon request by the President, provided that Congress does not pass a joint resolution denying Treasury the additional funds. 

Attached to this alert is a PowerPoint Presentation [PDF] that synopsizes the legislation and was used during a Gibson, Dunn & Crutcher Financial Markets Crisis Group webcast this afternoon.  An audio transcript of the webcast is also available by clicking on the "Play Recording" link on the webcast page.

In spite of the rescue bill’s passage, the Dow Jones Industrial Average finished the day down 157.47 points.

Gibson, Dunn & Crutcher LLP

Gibson Dunn has assembled a team of experts who are prepared to meet client needs as they arise in conjunction with the issues discussed above.  Please contact Michael Bopp (202-955-8256, in the firm’s Washington, D.C. office or any of the following members of the Financial Markets Crisis Group:

Public Policy Expertise
Mel Levine – Century City (310-557-8098,
John F. Olson – Washington, D.C. (202-955-8522,
Amy L. Goodman
– Washington, D.C. (202-955-8653,
Alan Platt – Washington, D.C. (202- 887-3660,
Michael Bopp – Washington, D.C. (202-955-8256,

Securities Law and Corporate Governance Expertise
Ronald O. Mueller
– Washington, D.C. (202-955-8671,
K. Susan Grafton – Washington, D.C. (202- 887-3554,
Brian Lane – Washington, D.C. (202-887-3646,
Lewis Ferguson – Washington, D.C. (202- 955-8249,
Barry Goldsmith – Washington, D.C. (202- 955-8580,
John H. Sturc – Washington, D.C. (202-955-8243,
Alan Bannister – New York (212-351-2310,

Financial Institutions Law Expertise
Chuck Muckenfuss – Washington, D.C. (202- 955-8514,
Christopher Bellini – Washington, D.C. (202- 887-3693,
Amy Rudnick – Washington, D.C. (202-955-8210,

Corporate Expertise
Howard Adler – Washington, D.C. (202- 955-8589,
Richard Russo – Denver (303- 298-5715,
Dennis Friedman – New York (212- 351-3900,
Stephanie Tsacoumis – Washington, D.C. (202-955-8277,
Robert Cunningham – New York (212-351-2308,
Joerg Esdorn – New York (212-351-3851,
Stewart McDowell – San Francisco (415-393-8322,
C. William Thomas, Jr.
– Washington, D.C. (202-887-3735,

Real Estate Expertise
Jesse Sharf – Century City (310-552-8512,
Alan Samson – London (+44 20 7071 4222,
Andrew Levy – New York (212-351-4037,
Dennis Arnold – Los Angeles (213-229-7864,
Andrew Lance – New York (212-351-3871,
Eric M. Feuerstein – New York (212-351-2323,
David J. Furman – New York (212-351-3992,

Crisis Management Expertise
Theodore J. Boutrous, Jr. – Los Angeles (213-229-7804,

Bankruptcy Law Expertise
Michael Rosenthal – New York (212-351-3969,
Oscar Garza – Orange County (949-451-3849,
Craig H. Millet – Orange County (949-451-3986,
Janet M. Weiss – New York (212-351-3988,

Tax Law Expertise
Arthur D. Pasternak – Washington, D.C. (202-955-8582,
Paul Issler – Los Angeles (213-229-7763,

Executive and Incentive Compensation Expertise
Stephen W. Fackler – Palo Alto (650-849-5385,
Michael J. Collins – Washington, D.C. (202-887-3551,
Sean C. Feller – Los Angeles (213-229-7579,
Amber Busuttil Mullen – Los Angeles (213-229-7023,

© 2008 Gibson, Dunn & Crutcher LLP

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