Digital Infrastructure

Our team’s experience includes the following matters.

• Represented equity partner in the development, financing and negotiation for the design and construction of an $860 million, 160,000 square foot data center and substation outside Dallas, Texas for a major U.S. internet and data services provider.
• Advised, as part of the Corporate M&A industry-specific legal team, on the first private equity acquisition in the United States of a mission critical/data center design firm.
• Currently representing an ENR Top 20 international design firm, which includes internationally and domestically recognized mission critical division.
• Currently advising on the development, financing, design, site selection and construction of multiple data center sites throughout the United States.
• Advised on data center leases, including on issues specifically relevant to data centers such as power and HVAC requirements, etc.
• Represented client in the restructuring of a portfolio of six data centers located in Illinois, Texas and Arizona with a combined value of over $1.5 billion.
• Represented equity partner in the acquisition, development and financing of a $146 million data center in Illinois.
• Provided a risk management analysis for 147-wind turbine project off of coastal Virginia.
• Represented equity partner in the acquisition, development and financing of a $128 million, 5MW data center and substation in Texas.
• Represented equity partner in the acquisition, development and financing of a $42 million data center in Arizona.
• Drafted and negotiated a wide range of technology agreements, including software licensing agreements (both on-premises and software-as-a-service (SaaS)), as well as managed technology services and data center hosting agreements.
• Reviewed co-location and data center services agreements for clients in multiple industries, including manufacturing, technology, health care, energy and retail.
• Represented clients in various industries in the outsourcing of their data centers (both production and business continuity/disaster recovery servers) to co-location providers, including representation of a Fortune 500 manufacturing company.
• Represented an international food storage and handling company in the development and construction of a state-of-the-art temperature-controlled import/export warehouse and distribution center at a major U.S. port.
• Represented the seller of a leading provider of legacy systems modernization support to a large, Massachusetts-based IT and data center company.
• Represented clients in the health care industry, including hospitals, pharmaceutical companies and medical device companies, in connection with a wide range of information technology sourcing.
• Negotiated and drafted fiber-optic EPC master services agreements, work orders and lease reviews for a national digital communication infrastructure company.
• Drafted fiber lease agreements for national telecommunication carriers.
• Drafted and negotiated master lease agreements with jurisdictions, major carriers and tower and utility companies, as well as retail and standard leases, amendments and access and utility easements.
• Provided management and legal review of leases/licenses for distributed antenna systems and small cell builds as well as for site relocations and renewals.
• Reviewed due diligence documentation and lease and purchase agreements associated with 4G and 5G company deployments for national telecommunications carriers.
• Negotiated and drafted a convertible note purchase agreement and convertible secured promissory note to make a $40 million investment in a Midwestern fiber-optic infrastructure company.
• Represented a critical communications infrastructure company in its acquisition of a broadband provider.
• Advised clients on equipment purchases for data center construction, including drafting, revising and negotiating contracts.
• Advised clients on project delivery methods and project risk related to data center design and construction.
• Drafted and negotiated design and construction agreements for data centers on behalf of project owners.
• Represented a design-build contractor in the engineering, design, procurement, construction, installation and testing of fiber cabling systems, including advising on project risks, project permitting and right-of-way access agreements and methods to structure and design project agreements to minimize project risk and cost escalation.