An update from financial research firm Keefe, Bruyette & Woods puts the chance of the Federal Reserve appealing a ruling against its debit interchange regulation at between 65% or 70%.

On July 31, U.S. District Court Judge Richard Leon threw out two thirds of the Federal Reserve's debit interchange regulations that were authorized by the Durbin Amendment.

The firm said that, in at least this matter, the Justice Department would litigate for the regulator and may not appeal the decision because it perceives the agency's position to be a weak one.

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