Data Centers and Energy Intensive Infrastructure

Advised a data center developer in discussions with the grid operator and nuclear power plant owner for development of a co-located data center at the nuclear power plant. Provided strategic advice on changing wholesale grid rules and advised the developer structure regarding its business model in light of such rules.

Represented a marketing consulting service on the acquisition and development of a data center in Japan and the United States.

Counseled an eastern Washington data center on multiphase air permit applications for data center diesel backup generators.

Represented a renewable energy developer in the sale of the output of a large-scale wind farm to a data center in New Mexico. The power purchase agreement was facilitated through a utility green-tariff structure and included a pass-through power purchase agreement and separately negotiated credit agreements to support financing of the project.

Represented a Virginia-based subsidiary of a publicly traded IT asset-selling and financing company in the acquisition of substantially all of the assets of an advanced data center solutions provider focused on cloud enablement and managed services.

Represented a global interconnection and data center company on French real estate matters relating to an 80:20 joint venture agreement with a Singapore sovereign wealth fund to develop six hyperscale data centers in Europe for more than US$1 billion. Under the agreement, the joint venture will acquire data centers in London and Paris delivering approximately 31 MW of power, with future development of four additional data centers in Amsterdam, Frankfurt, and London to provide 155 MW of power.

Represented an international data center and colocation provider on the development of one of the largest data centers (12,000 square meters, to be extended) near Paris, France.

Served as policy council to a world-leading Internet interconnection and data center provider. Advised on cybersecurity, privacy, net neutrality, 5G, digital trade, and export controls.

Advised a client in understanding California law and regulation implicated in establishing a co-location arrangement with a data center at an existing site.

Advised a private equity entity on federal energy regulatory policy developments regarding co-location arrangements between data centers and grid-connected generation facilities.

Advised a clean energy company in understanding several states' public utility laws and regulations that would impact a co-location arrangement between a generator and data center. Identified favorable jurisdictions for co-location arrangements. Also advised on compliance with the Public Utility Holding Company Act of 2005 in connection with a generating facility making retail sales to a co-located data center, and on a request for exemption from the PUHCA books and records regulation.

Represented an institutional investor in connection with a US$75 million second-lien, secured-term loan facility to a provider of third-party maintenance services specializing in data center maintenance for server, storage, and network equipment. Our client also made an equity co-investment in the amount of US$4.5 million.

Represented a telecommunications company on the acquisition and lease of data centers in France, Germany, Sweden, and Denmark.

​Represented a global technology company in the acquisition of an operating data center near client's Washington campus from a corporate operator with a short-term leaseback.

Represented a multinational technology and cloud services company in the acquisition and development of data centers throughout the United States.

​Represented a global technology company in the acquisition of land for data center development.

Represented an international cloud computing services company in sale-leasebacks of operating data centers.

Advised a data center developer on FERC and PHMSA requirements regarding the construction of a facility near an interstate natural gas pipeline.

Represented a technology company in a US$200 million acquisition of a data center leasehold estate.

Represented a global private markets investment manager in the take-private transaction of an operator of carrier-neutral data centers. Our client funded US$150 million of a lead investor's portion. Led the structuring of our client's investment from a tax perspective.

Represented a privately owned multitenant data center owner/developer/operator in a joint venture for the US$120 million purchase of a 32-story building in New York City for redevelopment into a data center to serve Manhattan.

Advised a data center developer on NERC and other electric regulatory issues involving the addition of a new load to a local utility's system.

Advised a data center on the procurement of power and related services for operations in eastern Washington.

Defended air quality permits granted to three multinational corporations’ data centers under state and federal air quality regulations, resulting in successful summary judgment before an administrative hearings board.

Performed state electric regulatory due diligence for a Japanese multinational investment holding company on the possible acquisition of utility-scale gas turbine projects and acquisitions of retail energy suppliers for potential behind-the-meter electricity supply to power data centers in Texas, Connecticut, Indiana, Kentucky, Maine, New Hampshire, New Jersey, New York, Rhode Island, and Virginia.

Acted for a provider of innovative, scalable, wholesale data center campuses in relation to disputes over development and leasing agreements with the international property developer of a data centre building in Hong Kong.

Assisted a US colocation data center provider with the development of global employment and compliance policies covering 13 countries. Reviewed and amended the client's internal investigation policy for compliance with GDPR and local laws.