Data Centers

As data center real estate attorneys and site selection counsel, we advise on real estate acquisition, development finance, power and carrier infrastructure, and the evaluation of both established data center hubs (including Northern Virginia and Chicago) and emerging tier-2 markets — helping clients identify the right location for their specific power, latency, and cost requirements. That work regularly includes data center land use and zoning approval matters — entitlements, variances, and special or conditional use permits — alongside data center environmental permitting for air, water, and stormwater review, since local approval has become one of the least predictable parts of the development timeline. We also negotiate data center sale-leaseback and build-to-suit structures once a hyperscale tenant is identified.

As data center construction attorneys, we approach development as the sophisticated engineering project it is — addressing design, construction, equipment procurement, asset financing, and the establishment of power and carrier systems. Our team drafts tailored provisions that give developers control over costs, timelines, and quality. We also advise on the procurement and contractual frameworks for advanced cooling technologies, including liquid cooling, immersion cooling, and direct-to-chip systems, which are increasingly essential for high-density AI and hyperscale workloads.

Our attorneys structure hybrid lease and service agreements that align traditional real estate principles with the unique operational needs of data centers. We craft agreements that define service levels, limit liabilities, establish rent review mechanisms, and ensure clear demarcation of responsibilities.

As data center power purchase agreement lawyers, we advise on the full range of power contracts and generation structures data center clients rely on — behind-the-meter solutions, gas-fired generation, and physical and virtual power purchase agreements for Fortune 100 corporate offtakers. As data center interconnection attorneys, we advise on large-load interconnection and grid cost allocation as the rules governing them evolve at FERC and across the RTOs and ISOs — including RTO/ISO data center tariff design and cost-recovery proceedings — as well as co-located data center arrangements sited at or near generation to bypass interconnection queues. We also advise on state and federal energy regulatory compliance more broadly, and on renewable energy agreements and the sustainability claims and greenwashing risk that come with them.

Our energy tax attorneys advise on data center tax incentives, including the ITC, PTC, bonus depreciation, and Inflation Reduction Act (IRA) adder benefits, and are at the forefront of the tax credit transfer market — in evaluating credit eligibility, structuring transactions to maximize value, and navigating the tax insurance market from both sides. We also help clients secure state and local incentives and property tax abatements. On the investment side, we advise data center private equity sponsors, infrastructure funds, and strategic investors on joint ventures, M&A, public offerings, and corporate governance matters across the deal life cycle.

During the operational phase, we support power supply, connectivity, facilities management, and regulatory compliance, including wholesale leasing, service level agreements, and dispute resolution. Our team includes top data privacy and cybersecurity attorneys who handle sensitive security issues to help protect valuable IP and information assets. When it’s time to exit, we guide clients through strategic disposal — managing contract transfers and data protection compliance with a focus on maximizing asset value and ensuring a seamless transition.