We advise clients throughout the entire lifecycle of a data center project, from business strategy, planning, site selection, acquisition, and development, through to operation and exit. This includes providing cutting-edge advice in the following critical areas:
- Strategy: Our attorneys are experienced helping clients with the provisions for energy efficiency, bulk energy purchase, location choice, cash flow, and financial flexibility.
- Site Acquisition and Planning: We assist during the planning stages, including issues related to real estate acquisition, power supply, and carrier infrastructure. This includes planning/zoning issues, a water-tight power offer, development finance, tax/incentives, and environmental considerations.
- Development: Data center development is a sophisticated engineering/construction project. We focus on key areas such as design, equipment procurement, asset financing, developing M&E systems, construction, power and carrier infrastructure, and tax incentives.
- Leases and Service Agreements: These contracts are a unique hybrid of real estate and commercial agreements, the content of which is crucial for the successful operation and use of a data center. We advise on factors such as limitation of liability, core services (including power), physical security, data protection, service credits, rent review, intellectual property, and dispute resolution.
- Operation: During the operational stage, our clients look to us for advice in areas such as power supply, connectivity, employment matters, insolvency, customer contracts, dispute resolution, power outages, and disaster recovery.
- Exit and Disposal: To complete the full lifecycle, we advise on real estate and corporate disposals of data centers, as well as the transfer of supply and customer contracts and the management of associated data protection issues.
Our team handles the full array of unique legal needs data center owners, operators and users are likely to encounter. Our experience includes:
- Energy and Regulatory: We negotiate power purchase and other related agreements, including the procurement of renewable energy. We also advise on environmental permitting and land use matters.
- Real Estate: We advise on land acquisition, planning/zoning, construction, development (including build-to-suit facilities), leasing, disposition, acquisition, and financing.
- Corporate and Finance: Our advice includes the structuring and negotiation of joint ventures, mergers and acquisitions, public offerings, and corporate governance matters. Our tax group provides sophisticated tax advice and input on entity structure.
- Intellectual Property and Data Privacy: Our team includes top data privacy and cybersecurity attorneys who handle sensitive security issues to help protect valuable information assets.
- Government Incentives: We assist our clients in evaluating and obtaining state and local incentives and property tax abatements.
