Gaming

Gaming Feasibility Memo

A targeted state cross-section of a proposed real-money or skill game, before you commit to a full 50-state opinion.

By Drew Jacobs, Esq. — Founder, Jacobs Counsel LLC

Last reviewed: November 2026

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Who this is for

Founders testing whether a proposed real-money or skill game can launch, and where
Operators weighing a new mechanic or market before a full 50-state opinion
Product teams deciding how to design a game before launch

What's included

A targeted cross-section of states, chosen with you
Skill vs. chance analysis of the game's mechanics
Consideration analysis: what players pay or give up to play
Product-design recommendations tied to the analysis
Enforcement and licensing paths in the states reviewed

What you receive

A written memo covering the states in scope, the skill, chance and consideration analysis, and the design, enforcement and licensing points that follow from it. It is not a license, and each counterparty decides what it will accept.

How it's priced

Fixed fee, credited toward the full opinion

A fixed fee, quoted in writing before work starts. If you go on to engage us for the full 50-state opinion, the memo fee is credited toward it, as set out in the engagement letter.

Timing

Depends on the mechanics and the number of states; typically a few weeks once we have the product details.

What usually comes next

50-State Gaming Legal OpinionWritten, product-specific legal analysis of how a game or platform is treated under the laws of the 50 U.S. states and Washington, D.C.

Your legal team

Drew Jacobs and Sam Basile co-lead the gaming practice. We assemble the team around your product, jurisdictions and the work involved.

Andrew R. Jacobs, Esq.Founder & Managing AttorneyDrew works on multi-state product analysis and commercial transactions and directs Seton Hall Law’s Annual Gaming Law Bootcamp.View profile

Sam BasileOf Counsel | Gaming Practice Co-LeadSam brings more than three decades of gaming legal and executive experience across iGaming, licensing, payments, geolocation and compliance.View profile

Frequently Asked Questions

How is the feasibility memo different from the 50-state opinion?

The memo covers a targeted cross-section of states chosen with you. The 50-state opinion covers the 50 U.S. states and Washington, D.C. If you go on to the full opinion, the memo fee is credited toward it.

What does the memo analyze?

Skill vs. chance and consideration for the proposed game, product-design recommendations, and the enforcement and licensing paths in the states reviewed.

Is the memo a license or an approval?

No. It is written legal analysis. It is not a license, and each counterparty decides what it will accept.

Let's talk about your next step.

Choose a complimentary fit-and-intake call with Jamee (no legal advice) or a paid attorney strategy session with Drew.