Data Centers & Digital Infrastructure
Overview
From site selection to build-out to long-term operations, Davis Wright Tremaine supports every stage of data center development. Our integrated team blends energy, real estate, land use, environmental, communications, and technology capabilities to help clients deliver and scale data center platforms successfully.
We serve as a trusted partner to get the next generation of data centers up and running. We work with clients involved in all aspects of this effort—developers, technology providers, operators, lenders, and investors—to navigate the legal and operational complexities of siting, financing, building, leasing, powering, and operating data centers across the United States. Our work helps secure the global connectivity that links customers with applications, data, and AI across the globe.
Our Approach
Data center development brings together overlapping legal, regulatory, and operational demands that must be addressed in parallel. Our team is structured to provide project-managed and coordinated support across these areas, aligning legal strategy with our clients' teams to ensure efficient planning and execution on data center projects.
Our experience reflects this end-to-end approach. We advise on power procurement and interconnection for large-scale data center loads; support site acquisition, land use, permitting, and environmental review; structure connectivity and infrastructure agreements; and negotiate commercial arrangements that support operations and platform growth.
We also advise on technology systems and procurement within the data center environment, including agreements supporting cloud and AI infrastructure.
Our coordinated support across real estate, land use, construction, energy, connectivity, and operational considerations helps our clients deliver and scale data center platforms with confidence.
Areas of Focus
Our team advises clients in key areas across the full project lifecycle, including:
Site Strategy & Development
- Site selection and multijurisdictional feasibility analysis
- Land use, zoning, and permitting strategy
- Environmental review and water-use planning
- Development agreements and regulatory coordination
- Community engagement and government approvals
- Defense of appeals (where necessary)
Power, Infrastructure, & Utilities
- Grid interconnection and transmission access, including energy infrastructure upgrades
- Energy procurement strategy (energy services agreements, PPAs, behind-the-meter solutions, renewable/sustainability targets, and bespoke structures)
- Regulatory approvals and utility coordination
- Water sourcing, supply, and infrastructure planning
- Easements, rights-of-way, and infrastructure siting
Connectivity & Network Infrastructure
- Fiber and network infrastructure agreements
- Carrier agreements, IRUs, and capacity procurement
- Subsea cable permitting, licensing, and regulatory compliance (FCC, Team Telecom)
- Wireless spectrum and satellite connectivity
- Right-of-way licenses, easements, and permits for terrestrial network infrastructure
- Pole attachment and conduit agreements for terrestrial fiber
- Network resiliency, redundancy, and performance requirements
Financing, Investment, & Strategic Growth
- Joint ventures and development partnerships
- Project finance, tax equity, and infrastructure financing
- Mergers, acquisitions, and platform investments
- REIT structuring and asset considerations
- Incentives, tax planning, and public-private partnerships
Construction & Project Delivery
- EPC and design-build agreements
- Procurement of transformers, cooling systems, and equipment
- Supplier and vendor negotiations
- Labor and contracting structures, including project labor considerations
- Performance standards, commissioning, and risk allocation
Technology Systems & Commercial Contracting
- GPU, TPU, Cloud, and Hardware as Service Agreements
- Operation Services Agreements
- Procurement of hardware, computing, networking, and data center systems
- Vendor and platform agreements
- Licensing, intellectual property, and technology transactions
- Alignment of supplier agreements with customer-facing commitments
- Commercial models supporting cloud, AI, and infrastructure services
Operations, Compliance, & Risk Management
- MLAs, MSAs, SLAs, and operational contracting
- Cybersecurity planning and incident response
- Data privacy and regulatory compliance
- Vendor and supply chain management
- Dispute resolution and service performance issues