A surge in AI use is accelerating demand for data centers. We recognize that data centers require a distinct legal approach. 

With 32 offices in multiple states, we have local knowledge relevant to data center development, investment, and operations nationwide. Our Data Center Team includes lawyers with industry-specific regulatory and transactional experience, allowing us to support data center projects fully from start to finish.

In our broad data center and energy practice, we represent data center owners, off-takers, and vendors. Our work includes all aspects of acquiring, developing, and operating data centers, from financing and location selection to construction and operation. We provide comprehensive legal support without the hassle of engaging multiple firms and experts.

Find an attorney

Core Services

Our Data Center Team includes lawyers with industry-specific financial, regulatory, and transactional experience, including energy, water, and telecom transactions. This approach allows us to support every aspect of data center projects from start to finish.

Comprehensive Support for Clients with Data Center Needs

Financial

Data centers require substantial capital for development and operations. We use our debt and equity finance experience to advise clients on structuring data center transactions, optimizing funding strategies, and managing financial risks to ensure successful project outcomes.

Regulatory

We help clients obtain necessary permits and approvals from local, state, and federal authorities and ensure compliance with relevant legal requirements. Our extensive regulatory experience ensures that data center projects are compliant and positioned for long-term success with strategies in place to mitigate potential risks.

Transactional

A single data center project involves numerous transactions, each requiring distinct legal experience. We represent data center clients in financial, real estate, energy, water, and telecom transactions. Our work typically includes structuring deals, negotiating terms, handling diligence, and ensuring clients are in compliance with relevant laws and regulations.

Energy and Water

The rising demand for data centers is also an energy issue since data storage is energy-intensive and requires reliable, cost-effective power sources. Our attorneys have considerable experience with renewable energy transactions and water usage strategies, which are critical to maintaining operations and meeting sustainability goals.

Telecom

Data centers and tenants require massive and redundant telecom fiber optic capacity. Our Communications, Media and Technology ("CMT") Team helps clients address regulatory requirements, tackle environmental and logistical challenges, and handle intricate commercial arrangements, ensuring the successful execution and long-term success of data center projects.

Legal Knowledge Meets Practical Application

Economic Development, Planning, and Site Location

Our real estate and zoning lawyers assist data center firms in selecting and acquiring sites for data centers. Data Center Team attorneys help clients evaluate site selection factors, including power sources and alternative “behind-the-meter” legal availability in each jurisdiction. Our team also advises on water law and regulation, fiber optic “indefeasible rights of use” (“IRU”) agreements, and the local and state regulatory environment. Our Data Center Team includes economic development attorneys who understand the unique local and state incentive considerations for locating data centers. We help data center operators, owners, and vendors navigate the complexities of incentive negotiation and tax compliance, leveraging state and county support to achieve efficient regulatory reviews and approvals when needed. Our economic development experience includes beneficial tax and utility incentives, such as utility grants and riders, tax credits, abatements, and exemptions.

Energy and PPA Transactions

The Energy and Natural Resources attorneys on our Data Center Team have experience negotiating power purchase agreements (“PPAs”), securing renewable energy sources and incentives, managing behind-the-meter energy transactions, and designing energy procurement strategies for clients to ensure a reliable, cost-effective power supply for data centers. Our extensive knowledge of energy law, environmental attributes, and related tax credits makes Womble a powerful resource for data center clients. We will work closely with you to help develop energy efficiency strategies, reduce operational costs, and meet your sustainability goals.

Telecom, Fiber, Satellite, and Subsea Cable Experience

Our knowledge of telecommunications law encompasses fiber, broadband, subsea cable, satellite licensing, cloud, Internet technologies, and the Internet of Things. Our technology infrastructure lawyers are well-versed in federal support programs for broadband facilities, including those for schools, libraries, and rural healthcare providers. We have worked extensively on subsea cable projects and coastal data centers. Based on that experience, we advise data center clients on planning, permitting, and constructing submarine cable systems, onshore conduits, and landing stations. We also assist clients in managing IRU agreements between fiber providers and property owners.

Finance

Our finance attorneys are instrumental in developing financial performance strategies that contribute to the long-term operational success of data centers. Our experience includes representing private equity firms and portfolio companies, representing both the lead arrangers and lenders in negotiating syndicated loans and other financing vehicles for data center projects. We help lenders and borrowers with downside protection, clarify loan agreements, work through REIT issues, and ensure favorable terms and conditions. 

The firm has a strong track record of working with international banks and consortia on data center development projects. We leverage our international development finance practice to help data center clients manage cross-border transactions and global regulatory requirements.

Private Equity, Real Estate and REITS

Our Data Center Team attorneys have extensive experience representing private equity firms and REITs in acquisitions, dispositions, and financings of data center properties. We understand the complexities of these transactions and can guide you in structuring deals, negotiating terms, and ensuring compliance with regulatory requirements. Our goal is always to maximize value and minimize risk for our clients. To that end, we are adept at identifying opportunities for success and mitigating potential challenges to help clients meet their financial and strategic objectives.

Construction

The construction lawyers on the Data Center Team provide end-to-end legal support for data center projects and deeply understand the sustainability challenges. Typically, our data center construction matters involve coordinating with local land use and energy efficiency requirements, drafting and negotiating contracts, and managing disputes with contractors and vendors. By leveraging our extensive experience in construction law, we help clients navigate the complexities of project development, from initial planning to final execution. Our goal is to mitigate risks and ensure successful project outcomes.

Colocation Transactions

We are highly familiar with structuring and negotiating colocation agreements, so data center operators and tenants have clear, mutually beneficial terms. Our experience includes space occupancy, service level agreements, and maintenance contracts.

Data Privacy and Cybersecurity

With offices throughout the U.S. and on both sides of the Atlantic, we pride ourselves on having an unparalleled data privacy and cybersecurity team led by and including certified CIPP legal specialists in Privacy and Information Security Law. We help data center operators and tenants safeguard sensitive information, prepare for and respond to cyberattacks, and comply with state, federal, and international privacy, data protection, data breach, and data transfer laws. Our Data Center Team’s cybersecurity and telecom professionals collaborate with U.S. federal interagency groups focused on resiliency, supply chain, and hardening initiatives to protect U.S. ICT infrastructure from incursions by malicious threat actors.

Need legal advice and guidance in data centers?
Our team is able to help provide solutions to you and your organization. Browse through our lawyers and professional staff to find the right attorney near you.
Data center