Data Centers

In the rapidly evolving data center market, complex technology, finance, real estate, regulatory, and operational considerations converge to create a dynamic and challenging deal environment. Robust, comprehensive legal guidance is critical to the successful development, financing, and operation of data centers. From project planning and deal structuring to regulatory compliance, risk mitigation, and innovative financing strategies, we help clients achieve efficient, goal-oriented results.

We counsel capital providers, IT service providers, developers, energy service providers, and technology companies on a wide range of matters involving the development, financing, leasing, and operation of data centers. Our team combines expertise across real estate, finance, construction, regulatory, intellectual property, leasing, public and project finance, litigation, and tax to provide effective, integrated counsel.

Real Estate, Infrastructure, and Facility Development 

We negotiate and draft development agreements, lease agreements, design and construction contracts (including alternative project delivery methods), and operation and maintenance agreements. We ensure compliance with design, construction, and operational specifications, zoning and land use regulations, permitting requirements, and financing conditions. 

Real Estate and Project Finance 

We structure and document debt and equity capital, including securitization, tax credits, project finance, and public finance structures, and public-private partnerships to support data center development and expansion. 

Energy Contracts and Regulatory Compliance 

Our attorneys advise on power purchase agreements, energy supply agreements, joint ownership structures, and compliance with state and federal energy and utility regulations. 

Environmental 

We counsel clients on environmental laws and policies, including carbon emissions, water use, waste management, and permitting requirements. 

Contract Negotiations 

We negotiate service agreements for data center operators, including data storage, cloud services, and managed hosting arrangements. 

Government Relations 

We guide clients through complex regulatory, policy, and legislative landscapes, including tax incentives, zoning and land use, and environmental regulations. 

Employment Law 

Our attorneys address employment-related matters, including FLSA, OSHA, Title VII, ADA, pay equity, and employee classification and misclassification issues. 

Intellectual Property 

We handle software licensing, patent filings, licensing agreements, and IP disputes related to data center technologies. 

Litigation 

Our litigators represent clients in contract disputes, service failures, and privacy and security breach cases. 

Privacy and Data Security 

We advise on protecting and securing data stored and processed in data centers and ensuring compliance with GDPR, CCPA, the Colorado Privacy Act, and other state privacy laws. 


 
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