Digital and technological advancements have disrupted the way the real estate sector conducts business at every phase — from design and construction to risk assessment and maintenance. Buildings in the office, residential and retail sectors are incorporating automation and control technologies into ground-up developments, including access control systems, energy management features, predictive equipment maintenance systems, and electronic payment devices.
Our cross-disciplinary real estate technology team has significant experience advising clients on the issues surrounding the intersection of technology and real estate. Developers, owners, landlords, and tenants are susceptible to the risks presented by technology-enabled real estate and must take proactive steps to minimize their vulnerability to cyberattacks, loss of data, and loss of access to confidential information — risks that were virtually non-existent in the real estate sector until recently. Every day, we help clients navigate the complexities of developing, building, leasing, owning, and managing real estate in a digital age where excellent mobile connectivity is mandatory, WiFi must be fast and uninterrupted, and tenants require the latest and greatest technology with each and every upfit.
We represent developers, owners, investors, property managers, tenants, and telecommunications and software companies across the U.S. in matters involving Distributed Antenna Systems (DAS), building life safety, wireless internet and cable wiring systems, technology-enhanced building infrastructure, Internet of Things (IOT), technology licensing, and data privacy. Our experience representing a broad client base, and in-depth knowledge of the real estate industry, evolving technologies, and data privacy directives, enable us to provide solutions that help clients leverage opportunities and navigate legal challenges.
We provide clients with an informed perspective, developed from decades of work at the forefront of technological change. Our areas of focus include:
- Cellular Systems, including Distributed Antenna Systems (DAS) and 5G Structures: Our team has considerable experience advising developer, property owner, and property manager clients in connection with the installation, maintenance, repair, and replacement of cellular devices, including DAS, in their buildings. We assist clients with the planning phase of the DAS process, which involves selecting the technology best suited for their buildings, conducting a comprehensive legal review of any encumbrances on the land and building structure, negotiating with DAS providers, and navigating any third-party permissions that are required, including, but not limited to, condominium associations, transit authorities, and local and state municipalities. Our attorneys advise clients on the strengths and weaknesses of various approaches to structured solutions, whether with cellular providers, third-party vendors, or equipment purchase agreements.
- Building Infrastructure: We counsel clients on all aspects of structuring, negotiating, financing, and constructing buildings that incorporate technology. Our experience includes right-of-way, regulatory, permitting, and zoning matters relating to the installation, removal, replacement, repair and maintenance of telecommunications, WiFi, and other technology-enhanced building systems. During the initial phase of a new build project or a full-building renovation, our attorneys provide comprehensive technology planning services for our clients, which includes auditing systems already in place, strategizing with our clients regarding their goals and objectives, proposing technology that will assist them in achieving those goals, and leading the negotiations.
- Technology and Internet of Things (IOT): Our attorneys have substantial experience assisting clients in negotiating a wide variety of technology and technology services procurement and divestiture agreements. We handle agreement-related matters in connection with development, licenses, acquisitions, and the sale of technology or provision of technology-related services. As properties become more connected, reliance on software enabled systems and IOT devices become a significant issue. Our team has substantial experience negotiating appropriate agreements to address all of our clients’ software and data related issues.
- Data Privacy and Protection: We help the users of emerging technologies navigate the legal aspects of data privacy and security. Companies working with novel, data-driven products rely on us to anticipate possible legal issues and changes in the law and to provide solutions that will help them gain every possible advantage. Our attorneys are experienced in advising clients on their compliance obligations under federal, state, and international privacy laws; incident and breach identification and response; regulatory investigations initiated by state and federal governments and their agencies; and single and class-action litigation across the U.S.
