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:
Why Choose DWT?
Data Center Interconnection and Power Supply Issues
Advised a Washington state public utility district regarding data center interconnection and power supply issues, statutory authority, and proposed new rate schedules and practices related to new large and/or energy-intensive loads.
Power Sales Agreement for Cryptocurrency Mining Operation
Advised a Washington state public utility district in drafting and negotiating a power sales agreement with a new retail customer developing a cryptocurrency mining operation.
Bespoke Agreements for California Data Center Project
Advised and assisted a private equity developer in preparing and negotiating bespoke agreements for the procurement and delivery of power to a California data center project.
Regulatory Proceedings for Data Center Operator
Advanced a data center operator's interests in Bonneville Power Administration and state utility regulatory proceedings involving power supply matters.
Carbon-Free Energy Contract for Data Center
Advised a major wholesale power marketer on the development of a groundbreaking contract to supply carbon-free energy 24/7 to a large, new data center, including providing in-depth legal and regulatory research, drafting, and counseling.
Data Center Leases and Subleases
Prepared, reviewed, and negotiated data center leases and subleases (including both gross leases and triple-net leases) as well as options and purchase and sale agreements.
Build-to-Suit Project Development
Advised on project development issues for build-to-suit projects on due diligence, land use and zoning, and real property rights, both for footprint and linear facilities, including alternative analyses.
Enabling Enterprise AI
Negotiating custom agreements for custom deployment of AI equipment in a data center to enable enterprise AI offerings.
Water Due Diligence and Procurement Agreements
Advised on and conducted water due diligence and negotiated water procurement or water sharing agreements necessary to ensure water supplies.
Urban Data Center Development
Advised on real estate, permitting, and renewable energy procurement matters for the development of an urban data center, which included wetlands and wastewater permitting, transportation access agreements, property boundary adjustments, shared facility agreements, and green energy supply agreements.
Framework Colocation Agreements
Successfully negotiated more than 50 master-level colocation agreements for a hyperscaler client for colocation rights in data centers around the globe.
Power Procurement for Data Center Projects
Advised a major multinational technology company on matters related to power procurement for data center projects, including drafting and negotiating engineering, procurement, and construction agreements, development agreements, and energy services agreements around the country.
Multi-Jurisdictional Permitting Strategy
Advised on and implemented a multi-jurisdictional permitting strategy to obtain approvals for the construction and operation of a 190-acre data center campus in Oregon.
Environmental Compliance for Data Center Projects
Advised on environmental compliance issues related to stormwater and wastewater management and hazardous waste management.
Procuring Critical Connectivity Rights
Drafting and negotiating long-term IRUs for linear infrastructure to ensure redundant connectivity for large and hyperscale data centers.
Industry Contacts
