As cloud services have gained widespread acceptance during the last decade, the data centers, network infrastructure, and associated services necessary to support “the cloud” have experienced rapid expansion, making fiber networks and data center operations two of the fastest growing sectors of the global economy. More than ever, companies require stable high speed broadband services and robust data centers to provide enterprise grade solutions to users within their organizations, and to make available integrated multiplatform e-commerce and mobile services to consumers.

Polsinelli has compiled a team of attorneys with deep experience counseling both owners and operators of networks and data centers, as well as inbound consumers of these technology services. They offer counsel on a diversity of issues, from network construction and data center site selection and zoning all the way through managed cloud services and layered network services.

Data Center Services
Data Center projects span a number of substantive areas, ranging from real estate and construction, to telecommunications/public utilities, technology services, and even employment. Our team has experience with Data Center planning/development, financing, construction, acquisition, zoning/environmental impact analysis, leasing/subleasing, operations, colocation, managed services, and security. Polsinelli attorneys have significant backgrounds in drafting, negotiating, and counseling clients on matters related to a variety of Data Center agreements and projects, including:
  • Site Selection, Planning, and Development
  • Land Use, Zoning, and Environmental Impact
  • Public and Private Financing
  • Data Center Construction and Acquisition
  • Facilities Operation and Colocation
  • Data Closet and Rack Space
  • Managed Services/Private Cloud
  • Infrastructure as a Service and Storage as a Service
  • Hardware as a Service and Firewall as a Service
  • Backup, Redundancy, and Continuity of Operations Planning
  • Environmental SLAs (Temperature, Humidity, Fire Suppression, Access Control)
  • Physical Security and Data Privacy & Security

Network Infrastructure and Fiber
Reliable and secure high speed broadband is an increasingly critical component for companies that want to provide deep and sophisticated consumer experiences. Polsinelli lawyers have handled a wide array of matters related to the systems and infrastructure that make complex networks go. We have experience drafting, negotiating, and counseling clients on matters related to a variety of Network Infrastructure and Fiber agreements and projects, including:
  • Design-Build Agreements and Physical Installation
  • Easements, Rights of Way, Pole-Attachments, Bridge-Attachments, and Tower Agreements
  • Dark Fiber Leasing and Indefeasible Rights of Use Agreements
  • Last Mile, Network Interconnect, Cross-Connect, and Splicing
  • Routing, Switching, and Equipment Procurement
  • Dim Services and Lit Services
  • ODTR Testing and Network Acceptance
  • Capacity Agreements and Data Transport
  • Layered Network Services (ISP, VoIP, Streaming Media)
  • Network Operations Centers and Monitoring
  • Physical and Logical Network Security
  • Tariff, ILEC, CLEC, NTIA, USAC, and FCC Compliance
  • Representation of 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 wholesale collocation to retail collocation and managed services.
  • Representation of multi-billion dollar university health system in migration to new custom-built exclusive data center hall as part of eight-figure infrastructure deal.
  • Representation of a "too-big-to-fail" bank in relocation of primary and DR data centers to Tier 4 collocation facilities. 
  • Representation of faith-based employee benefits provider in infrastructure overhaul transaction including new fiber capacity, new data center and network equipment, managed services, and IaaS/PaaS services.
  • Representation of a not-for-profit serving community anchor institutions throughout its footprint, operating a 900 mile 1 Gbt fiber backbone in Northern Illinois.
  • Representation of a 3,100 mile state-wide fiber network serving rural health care providers.
  • Represented private equity backed, Midwest based data center company in connection with multiple acquisitions through purchase of assets and stock of data center assets and companies.
  • Represented private equity backed, national, secured data center company in connection with its initial stock acquisition, various financings and day to day management of legal affairs.