Data Center Project Development

Energy/Utilities

• Representing multiple hyperscale-level data center developers and operators on 150 MW+ data center development projects across the U.S., including energy contracts, utility matters, special utility arrangements, federal and state regulatory approvals, policy and legislative matters, project finance, real estate, permitting and tax advice.
• Advised a developer and operator of data center campuses on the negotiation of long-term PPAs, including agreements for nuclear capacity and output, more than a gigawatt of fossil and renewable generation capacity, and municipal utility service for all data center load.
• Represented a data center developer in the negotiation of a long-term PPA for on-site, commercial-scale fuel cell electric generation with an option to convert to hydrogen.
• Representing a data center developer in a high-value matter involving the acquisition of firm electrical power to support data center operations, as well as evaluation and acquisition of suitable development sites, with more than $250 million in controversy.
• Representing developers, operators, industrial end users, renewable energy buyers, energy marketers and investors on PPAs, interconnection agreements, net billing agreements, renewable energy credits (RECs), electric service arrangements, utility service terms, rate cases and regulatory approvals for renewable generation, storage, fuel cell, gas-fired and large-load projects across multiple U.S. markets.
• Advising customers, suppliers, utilities and developers on regulatory issues associated with buying and selling electricity and natural gas, utility aspects of project development, interconnection, terms of service, economic development applications, interruptible programs and proceedings before utility regulatory bodies, including the Public Utilities Commission of Ohio.

Mergers and Acquisitions

• Represented a publicly traded designer, builder and operator of data centers in the acquisition of data center development rights for a 1,000 MW data center in the southern U.S.
• Represented a publicly traded designer, builder and operator of data centers in the acquisition of data center development rights and electricity supply for a 300 MW data center in the southern U.S.
• Represented a European electricity provider in its acquisition of three photovoltaic solar electrical generation projects in the southeast U.S. with expected aggregate capacity in excess of 200 MW.
• Advised on the acquisition and development of large-scale data center projects –including the negotiation of purchase and closing documents, diligence, and permitting – for a Fortune 50 technology company.

Real Estate/Leasing

• Advising a Fortune 500 global hyperscaler on complex colocation, leasing, acquisition, development, critical infrastructure and asset management matters, including development agreements with municipalities and governmental agencies to support multibillion-dollar data center campuses.
• Represented clients in the acquisition of undeveloped land for data center development projects and advised on the real estate aspects of land acquisitions for data center projects in Texas.
• Represented a major international manufacturing company and landowner in the negotiation of a solar ground lease in exchange for Certified Renewable Energy Credits and other consideration.
• Represented a petroleum-refining company and industrial end users in the negotiation of long-term PPAs and ground leases for solar and battery energy storage projects.

Finance

• Representing hyperscale-level data center developers and operators on project finance matters associated with 150 MW+ data center development projects across the U.S.
• Represented a European fund in its investment in more than 10 photovoltaic solar electrical generation projects across multiple U.S. states and the formation of joint ventures to develop, own and operate those projects.

Construction

• Advised on engineering, procurement and construction contracts for data center development projects.
• Represented developers and investors in renewable generation projects in connection with EPC agreements, PPAs, interconnection agreements and land agreements for solar and wind projects across Texas, the Southeast and the Northeast.

Environmental, Permitting and Water

• Evaluating federal, state and local environmental permitting requirements applicable to data center projects, including permitting strategies, regulatory approvals and compliance considerations arising from facility construction and operation.
• Advising data center developers, owners and operators on environmental risks and compliance obligations associated with site acquisition, development and operation of data center facilities, including environmental due diligence for real estate transactions.
• Counseling clients regarding environmental issues associated with data center development, including water use and evolving regulatory requirements affecting large-scale data center projects.
• Assisting with drafting transactions and project agreements to address environmental liabilities, permitting obligations, regulatory compliance responsibilities and allocation of environmental risk.
• Counseling clients on permitting, infrastructure constraints, tax incentives, water policy and local government dynamics affecting data center siting, development and operations.

Disputes

• Represented a data center equipment manufacturer in theft of trade secrets and corporate espionage litigation.
• Representing a data center cooling systems manufacturer in high-stakes litigation and arbitration proceedings involving trade infringement, breach of contract and related commercial claims arising from the development, manufacture and distribution of bespoke cooling systems for data center facilities, with more than $200 million in dispute.
• Representing a data center developer in connection with two data center projects involving litigation, condemnation and eminent domain issues, city and state regulatory matters, proceedings before the Public Utility Commission of Texas, and negotiations with utilities regarding rights of way.
• Representing suppliers in complaint and investigation proceedings initiated by utility regulatory bodies.
• Advising data center and large-scale infrastructure clients on regulatory, political and litigation risk, including legislative scrutiny, agency oversight, enforcement exposure and government-facing strategy in Texas.
• Representing clients in complex litigation, regulatory disputes and investigations involving industrial operations, environmental exposure and business-critical infrastructure, including matters requiring coordinated litigation, compliance and public policy strategy.