Overview
Maynard Nexsen's attorneys deliver comprehensive legal solutions tailored to the unique requirements of the data center sector. Our team possesses a deep understanding of the complexities involved in developing, operating, and scaling data centers within a dynamic digital landscape.
We have extensive experience guiding clients from the initial stages of data center establishment, early-stage incentive packages to site selection and acquisition through the intricacies of ongoing operations, ensuring adherence to zoning laws, complex tax rules, environmental regulations, and real estate transactions; ensuring that both domestic and international companies can establish successful data center operations.
Whether you are a hyperscale operator, colocation provider, or edge computing innovator, we expertly negotiate leases, purchase agreements, and power purchase agreements (PPAs) to secure reliable energy sources while mitigating the risks of fluctuating utility costs and renewable energy mandates. Our proficiency includes drafting and reviewing construction contracts, managing disputes with contractors, and advising on infrastructure financing to ensure your data center projects are completed efficiently and cost-effectively.
Our real estate practice provides comprehensive support to clients across the data center industry, assisting global technology companies, network service providers, and a wide range of manufacturers and suppliers. Our team guides clients through site selection, incentives, land acquisition, land use and zoning, construction, leasing, and power purchase agreements, as well as financing, environmental and regulatory compliance, and ongoing operational contracts. We conduct robust due diligence, including infrastructure analysis, power availability, fiber routes, water supply, and full title and survey reviews to ensure sites are development-ready and incentive packages are maximized. Our attorneys bring deep experience negotiating PPAs, navigating local, national, and cross-border energy regulations, structuring joint ventures and M&A transactions, and securing both construction and long-term project financing. Our environmental and regulatory attorneys also support clients throughout development and operations, including advising on ESG compliance.
In addition to development and operational support, Maynard Nexsen provides robust guidance on data privacy, cybersecurity, and regulatory compliance for data centers. Our cybersecurity expertise ensures that clients are equipped with robust policies and incident response plans to mitigate risks and manage data breaches effectively. We are adept at identifying potential vulnerabilities and providing actionable strategies to enhance security and resilience. As data sovereignty laws such as GDPR in Europe and CCPA in California become increasingly stringent, our lawyers implement compliance frameworks to safeguard sensitive information stored in your facilities. We conduct thorough risk assessments, develop incident response plans, and represent clients in litigation or regulatory investigations related to data breaches or service outages.
Furthermore, we advise on intellectual property matters, facilitating the patenting of innovative cooling technologies or software-defined networking solutions to secure your competitive advantage. Our proactive approach includes staying ahead of emerging regulations on AI integration, edge computing, and sustainable practices, enabling data center operators to focus on innovation while we manage the legal complexities.
Additionally, our government solutions team provides strategic guidance to data centers navigating the complex regulatory landscape. Our experienced attorneys work closely with federal, state, and local government officials to advocate for policies favorable to our clients' interests.
Beyond our core legal services, Maynard Nexsen cultivates long-term partnerships by offering strategic counsel on mergers and acquisitions within the data center industry. We guide clients through due diligence processes, antitrust reviews, and integration strategies for acquiring or divesting facilities. Our global network allows us to adeptly handle cross-border transactions, tax implications, and international trade issues, particularly for data centers serving multinational clients. With a proven track record of success in high-stakes deals and dispute resolutions, our firm is dedicated to empowering data center enterprises to thrive in an interconnected world.
Our proactive approach focuses on anticipating potential legal issues and addressing them before they escalate, ensuring our clients' data center operations are seamless, compliant, and secure.
- Represented various Fortune 20 companies in incentive negotiations for several multibillion-dollar data centers.
- General representation (including economic development incentives) for two of the world's largest technology companies in their location of multi-billion dollar data centers in the State of Alabama.
- Represented a worldwide online retailer in drafting incentive negotiations for a $10 billion data center campus creating 500+ jobs. This is the largest capital investment project in North Carolina's history.
- Assisted multiple global technology companies obtain state and local incentives for data center projects in Alabama.
- Served as South Carolina local real estate and incentive counsel to developer of a data center with a minimum capacity of 100 megawatts.
- Represented sellers of land to data center developers for projects to be developed and operated in South Carolina and North Carolina.
- Represented a digital infrastructure provider in incentive negotiations for its multi-million dollar data center development in Montgomery, Alabama, serving as the anchor for future growth.
- Represented local governments in drafting incentive agreements for one of the largest technology companies in the world for their first round of investments in data centers in Caldwell County, NC.
- Represented a Southeastern data center builder in negotiating a unique local incentive agreement with a city and county in North Carolina with a CAPEX total projection to be between $200 to $300 million.
- Assisted a client establish multiple data centers in South Carolina resulting in client’s billion dollar investment in the state.
- Assisted client in expanding data center campuses in the Southeast resulting in a $1.5 billion in Green Loan financing for the construction of their most recent data center construction.
- Assisted client in the acquisition of land tracts in Florida, South Carolina, Georgia, Alabama and North Carolina.
- Provided managed IT services contracts and complex contract review and negotiations for data center and managed IT service provider.
- Represented Fortune 100 technology company in the development of several multi-billion-dollar data centers in Alabama.
- Represented technology client in acquisition of multiple data centers.
- Counsel to high-yield institutional lender in connection with a refinancing of a sponsor-backed multi-state real estate secured credit facility in the data center space.