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    Ongoing gaming counsel

    Gaming & Esports Outside Counsel

    We help gaming and esports companies handle the legal work that comes with running the business: contracts, product changes, payments, talent and growth. Work with a team that builds on what it knows about your company as new questions come up.

    Start with a complimentary 15-minute fit and intake call with Jamee, or choose a paid attorney strategy session with Drew. The intake call does not include legal advice.

    The team behind the work

    Drew Jacobs and Sam Basile co-lead the gaming practice. The attorneys assigned depend on your product, jurisdictions and the work involved.

    Andrew (Drew) Jacobs, Esq., founder of Jacobs Counsel LLC

    Drew Jacobs

    Founder & Managing Attorney

    Drew works on multi-state product analysis and commercial transactions and directs Seton Hall Law’s Annual Gaming Law Bootcamp.

    Sam Basile, Of Counsel and Gaming Practice Co-Lead at Jacobs Counsel

    Sam Basile

    Of Counsel | Gaming Practice Co-Lead

    Sam brings more than three decades of gaming legal and executive experience across iGaming, licensing, payments, geolocation and compliance.

    Caitlin Hannibal, Of Counsel at Jacobs Counsel

    Caitlin Hannibal

    Of Counsel

    Caitlin advises on corporate governance, private placements, trademarks and talent agreements. Her background includes law-firm practice and in-house sports and entertainment work.

    Meet the team

    Where ongoing counsel fits

    Legal questions keep coming after launch. Ongoing support gives you a team that can connect the next decision to the work already done.

    Contracts keep coming

    Vendor, platform and commercial agreements need review while the business keeps moving.

    The product or markets change

    New mechanics, additional states or a payment-provider request raise questions that touch several parts of the business.

    The company is growing

    Hiring, financing, sponsorship and talent work need to fit together with your existing commitments.

    Who we advise

    Developers, publishers and gaming platforms; skill-game, fantasy, sweepstakes and social-casino businesses; esports teams and tournament operators; sports-tech and NIL businesses; and industry vendors.

    Whether a model is permissible depends on its mechanics and jurisdictions. We assess conflicts, fit and scope before accepting an engagement.

    Legal work across the business

    We connect gaming-specific questions with the commercial and corporate work around them. Your written engagement defines what is covered.

    Product, markets and payments

    • Product mechanics, launch strategy and expansion into new states
    • Licensing and compliance; KYC, geofencing and responsible-gaming issues
    • Payment-provider and app-store documentation
    • Regulatory monitoring and response where included in the engagement

    Contracts, brands and talent

    • Technology, vendor, platform, publishing and licensing agreements
    • Official rules, promotions and sponsorships
    • Player, talent, creator, influencer and NIL agreements
    • IP ownership, trademark matters and licensing terms

    Company operations and growth

    • Entity structure, governance, fundraising and board matters
    • Employment and contractor agreements
    • Privacy, data and cybersecurity-risk coordination
    • Coordination with in-house, local or specialized counsel

    We coordinate local or specialized counsel where appropriate. Regulatory monitoring, responses and other recurring services are included only where agreed in the scope.

    How ongoing support works

    Start with the work on your desk and the decisions ahead. We agree on responsibility, scope and fees before the work begins.

    1. Set the priorities

      We review your current workload, product and markets, upcoming decisions and deadlines, and the role of any existing counsel.

    2. Agree on the team and scope

      After conflicts and fit review, we identify the responsible attorney and agree on communication, escalation, staffing, scope and fees in writing.

    3. Keep the work moving

      We draft, review, negotiate and advise within scope, tracking the owner, status and next decision. Shared facts, agreements and prior decisions inform the next matter.

    4. Adjust as the business changes

      We agree on changes before expanding the work, including separate projects and any local or specialized support the matter requires.

    Our operations team helps coordinate scheduling, follow-up and billing. The attorneys assigned to your matter provide the legal advice.

    Scope and fees, agreed in writing

    Recurring work may be hourly, retainer-based or hybrid. A defined project with clear assumptions and deliverables may use a fixed fee. Volume, complexity, urgency and staffing shape the proposal.

    The engagement sets the covered work, fees and billing expectations, including how additional work is handled. A retainer covers the agreed scope; it does not mean unlimited services.

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

    Last reviewed:

    Gaming outside counsel FAQ

    What does outside counsel do for a gaming or esports company?
    Outside counsel handles recurring legal work within an agreed scope: contracts, product and regulatory questions, IP, talent and NIL, corporate and fundraising matters, employment and contractors, and privacy and data issues. The team carries forward what it learns about your product, agreements and priorities, so each new matter starts with that context.

    How is outside counsel different from a gaming legal opinion?
    A legal opinion addresses a defined product, jurisdiction, launch or counterparty question in writing, with stated assumptions and limits. Outside counsel is an ongoing relationship for recurring legal work. You can start with a defined project without committing to ongoing support; some companies use both as their needs develop.

    How do outside-counsel fees work?
    Ongoing work may be hourly, retainer-based, or a hybrid of the two. A defined project with clear assumptions and deliverables may be handled on a fixed fee. Scope and fee structure are set in a written engagement letter before work begins.

    Who will work on our matters?
    Drew Jacobs and Sam Basile co-lead the gaming practice. We identify the responsible attorney and assign other qualified attorneys based on your product, jurisdictions and scope. Caitlin Hannibal can support relevant corporate, brand and talent matters. Engagements remain principal-led, with local or specialized counsel coordinated where appropriate.

    Can one engagement cover regulatory and general business matters?
    Yes, where those matters are included in the written scope. A product change may also affect a contract, payment flow or promotion, so we coordinate the related work. We agree on any additional scope, staffing and fees before expanding the engagement, including separate projects or local and specialized counsel where needed.

    Does every gaming company need a 50-state legal opinion?
    No. Scope depends on your mechanics, the jurisdictions you intend to reach, your launch plan, what counterparties are asking for, and your business objectives. Some companies need a full multi-state analysis; others need a narrower review of specific states or a specific product change.

    Can Jacobs Counsel help with app-store and payment-provider reviews?
    We can prepare and coordinate documentation or analysis a reviewer may request, and respond to follow-up questions. The decision belongs to the app store, bank, or payment provider. No approval can be guaranteed.

    Does calling a product a skill game, sweepstakes, or fantasy contest make it legal?
    No. A label, an alternative method of entry, or a federal exclusion does not by itself establish legality under every applicable state law. State tests and definitions vary, and the analysis turns on your actual mechanics, prize and consideration structure, and the specific jurisdictions involved.

    Do you handle esports, sponsorship, talent, and NIL agreements?
    Yes. That includes team, player, and tournament agreements, sponsorship and brand deals, influencer and creator agreements, NIL contracts, and the IP ownership and licensing terms underneath them.

    Tell us what’s coming up

    Tell us about your current workload, the decision in front of you and any deadline. We can discuss whether a defined project or ongoing counsel is the right next step.

    Choose a complimentary 15-minute fit and intake call with Jamee, or a paid attorney strategy session with Drew. The intake call does not include legal advice.