Overview

We advise clients on the acquisition, construction, financing and leasing of data center properties, as well as assist in matters that support data center operations nationwide.

Nossaman has extensive experience advising clients on sophisticated, business-critical data center developments, acquisitions, dispositions and leasing transactions across the United States. We understand the unique legal and business considerations associated with data center projects and advise clients on structuring transactions that advance project objectives and protect stakeholder interests. Our work includes conducting due diligence, navigating transactional issues associated with environmental remediation, seismic/structural tasks, licensing, ledgers, lease abstracts, expenses, property management and operation contracts, tax issues and other related real estate and operational considerations.

We regularly advise domestic and international companies on nationwide data center leasing strategies, including negotiating complex lease agreements and service-level arrangements addressing overall operational resiliency. Our experience includes negotiating Tier I and Tier III data center leases, aligning landlord infrastructure obligations with tenant operational requirements and coordinating extensive construction work letters and ancillary space requirements for critical research, development and technology operations.

Furthermore, our environmental law practice includes counseling clients on the acquisition and redevelopment of complex industrial and brownfield sites for future data center facilities, including matters involving EPA Brownfields programs, remediation obligations, water-use considerations, environmental liability protections, indemnities and trust fund issues.

We also advise clients on large-scale energy and infrastructure transactions that support data center operations, including acquisition of renewable energy, battery energy storage systems (BESS) and natural gas projects intended to power data center developments across multiple states. Our multidisciplinary diligence efforts encompass evaluation of real estate, environmental, land use, regulatory, employment, corporate and tax risks. We also advise clients on innovative financing and occupancy structures for new data center projects, including ground lease and sublease arrangements involving third-party investment partners.