Matters

Real Estate & Construction

  • Represent a global data center platform on their new data center development across the Midwest. Our representation includes resolving title matters related to property acquisition; obtaining zoning and entitlements; all aspects of providing electric service to their proposed sites; and securing real property, personal property and employment incentives.
  • Serve as lead outside counsel to a full service national commercial real estate company specializing in industrial development, including the development, acquisition and sale of more than 20 million square feet of industrial and data center project sites.
  • Represented the owner of an approximately 9,000-acre site of a former U.S. Army ammunition plant in establishing the largest tax increment financing district in the history of the State of Kansas and negotiating with several Fortune 500 companies to construct and incentivize a $4 billion plant and data center.
  • Represented an institutional investor in forming a joint venture valued over $1.5 billion to own a fully-leased data center outside of Chicago.
  • Represented a sponsor in a platform joint venture with a European pension fund to acquire and develop data centers in the U.S. and Canada.
  • Represented an NYSE-listed global data center platform on new build-to-suit data center leasing, construction and service operations agreement in the U.S., Australia, Japan and Europe.
  • Represent a global data center platform with data center development across the U.S. Our representation includes property acquisition, obtaining zoning and entitlements, provision of electric service to their proposed sites and securing incentives.

Energy

  • Advised a leading independent global clean energy developer on entitlements and financing for a 4,000-acre solar farm project in Tennessee, built to supply renewable power to data centers statewide and directly support record-setting economic development activities across the Tennessee Valley.
  • Advised a data center developer in Indiana regarding the negotiation of a power procurement agreement with a regulated utility and representation of a developer before a state utility commission.
  • Advising a Chicago-based multinational power generation development and operations company regarding the entitlement and financing of its 4,000-acre solar farm project, which is intended to provide renewable power for data centers throughout the state.
  • Represented an electric utility company in the negotiation of power supply arrangements for a data center development in Missouri.

Project Finance

  • Represented a utility developing small, modular reactor projects using xEnergy technology in the Pacific Northwest with a global e-commerce company funding the development and serving as the lead electricity offtaker for its data center project. Our involvement included negotiating the project funding agreement and extending the funding and rights for future projects — including power needs, fuel supply matters and IP licenses — as well as the terms related to debt financing (including DOE) of the initial project.
  • Represented a major U.S. utility in the planned development, financing, construction and operation of an SMR nuclear project at an existing nuclear plant site. The project included early-stage FEED work, joint venture structuring and shared funding and power offtake arrangements with a joint venture partner, all in connection with data center development and operations.
  • Represented a leading U.S. energy producer in the phased sell-down of interests in Texas data center projects and advised on ongoing power supply arrangements to support continued operations.
  • Represented an NYSE-listed global data center platform in the joint venture financing of strategic data centers built for large financial institutions.
  • Advise some of the country’s largest lenders in financing the development and operation of data centers across the U.S.

Corporate & Transactional

  • Represented the largest underground data center in the United States on a wide variety of transactions, ranging from inbound telecom and fiber to cross-connects, and from wholesale collocation to retail collocation and managed services.
  • Represented a multibillion-dollar university health system in the migration to a new custom-built exclusive data center hall as part of an eight-figure infrastructure deal.
  • Represented a faith-based employee benefits provider in an infrastructure overhaul, including new fiber capacity, new data center and network equipment, managed services and IaaS/PaaS services.
  • Represented a private equity backed, Midwest-based data center company in multiple acquisitions involving asset and stock purchases of data center companies.
  • Represented a national private equity-backed secured data center company in its initial stock acquisition, various financings and in day-to-day legal affairs.
  • Served as lead deal counsel to multiple private equity-backed data center companies in their acquisitions, dispositions and financings, including all aspects of due diligence, negotiation and documentation.

Technology, Privacy & Cybersecurity

  • Represented an NYSE-listed global data center platform in the development of sales and agency channel partnership relationships with technology and other service providers.
  • Assisted an NYSE-listed global data center platform with new ancillary technology and telecommunications product offerings to customers.
  • Represented a large regional multi-location data center solution provider, underground secure data facilities and “carrier hotels” with issues related to design, construction and collocation, and managed services agreements.
  • Represented the largest underground data center in the United States on a wide variety of transactions, ranging from in-bound telecom and fiber to cross-connects, and wholesale collocation to retail collocation and managed services.
  • Drafted form “big data” license and co-development agreement for use with a hospital system’s enterprise data warehouse.
  • Served as breach response counsel to a federal credit union in connection with a third-party vendor breach, wherein the client experienced a data center outage as a result of a cyber-attack experienced by the client’s information technology service provider, resulting in access by a threat actor to their computer systems.