Data Center Legal Solutions
As data centers grow in scale and complexity, we work with clients to address the legal, regulatory, and commercial issues that shape the development and operation of these critical facilities.
Introductory Overview
Data centers sit at the intersection of real estate, technology, energy, and regulation, creating a legal environment defined by rapid expansion and increasing complexity. Organizations operating or investing in these facilities face a matrix of considerations—from land assembly and power procurement to cybersecurity, privacy, and shifting national security expectations. ArentFox Schiff supports clients across this evolving ecosystem by helping them navigate the legal, contractual, and operational issues that shape the lifecycle of data center projects.
What We Do
Our work spans the legal and regulatory considerations that arise at each stage of data center development, operation, and investment. This includes advising on real estate acquisitions, long-term ground leases, and development arrangements that structure how facilities are planned and built. In suitable matters, we assist in drafting and negotiating EPC, design-build, and equipment agreements, and work with clients to address construction-related risk and dispute considerations.
Energy planning is a critical dimension of data center operations, and our team helps structure power purchase arrangements, renewable energy strategies, and sustainability programs where appropriate. We also counsel on cybersecurity and privacy obligations, including the development of governance frameworks and guidance on incident response.
Where transactions are involved, we support clients in corporate structuring, joint ventures, and financing matters, and advise on regulatory considerations that may arise, such as CFIUS, export controls, and government contracting requirements. Our team also works with clients on issues related to lease negotiations, operational risk allocation, and disputes involving construction, service arrangements, environmental compliance, or permitting.
Our Approach
We approach data center matters by integrating legal analysis with the operational and technical realities that define this asset class. At the outset, we work with client teams to identify the regulatory, commercial, and site-specific factors that may shape a project or transaction. As matters progress, we coordinate closely across disciplines—real estate, construction, energy, privacy, corporate, and regulatory—to ensure that decisions are informed by the full context in which data center assets operate.
Our process often involves evaluating contractual frameworks, managing the sequencing of development or procurement steps, and assessing risk allocation based on project characteristics. When clients face regulatory or operational challenges, we help them understand the available paths, the constraints imposed by law, and the practical considerations that inform next steps. Throughout, we focus on clarity, disciplined reasoning, and a structure that supports business continuity and long-term planning.
Why Clients Choose ArentFox Schiff
- A collaborative, cross disciplinary approach that reflects the interconnected nature of data center development, operations, and regulation
- Practical guidance that aligns legal decision-making with commercial, technical, and site driven realities
- Processes designed to surface risk early and support fact-based planning in areas such as energy procurement, development sequencing, and privacy compliance
- An emphasis on helping clients understand regulatory and contractual constraints without oversimplifying evolving or uncertain legal environments
- Structured coordination across real estate, construction, cybersecurity, corporate, and regulatory teams to maintain continuity across the project lifecycle
- Clear, context driven communication intended for sophisticated decisionmakers navigating high stakes infrastructure issues
Frequently Asked Questions
What types of data center matters can ArentFox Schiff support?
Our work covers issues presented in the attorney provided description, including real estate acquisitions and development arrangements, construction contracting, energy planning, privacy and cybersecurity programs, corporate transactions, and regulatory matters such as CFIUS or export control considerations. The specific scope of work depends on the facts, the client’s objectives, and the regulatory or commercial context.
Can the firm advise on power procurement and sustainability considerations?
Yes, where appropriate, we help clients structure power purchase agreements, assess renewable energy strategies, and understand environmental or permitting obligations that may affect project planning.
Does the firm represent different types of data center stakeholders?
We work with a range of participants in the data center ecosystem, including operators, cloud service providers, investors, developers, energy providers, equipment vendors, public entities, telecom providers, and enterprise end users, as reflected in the attorney provided text.
How does ArentFox Schiff approach risk management in data center projects?
Our approach focuses on identifying and allocating risk through informed contract structuring, regulatory awareness, and an understanding of operational dependencies. The specific steps vary based on project characteristics and the issues presented.
