Data Centers & Digital Infrastructure
Fueled by advances in generative and agentic AI, expansion of the gig economy, and uptake of cryptocurrencies, digital infrastructure such as data centers and high-speed broadband and fiber networks are dramatically increasing in scale.
Data Centers alone are sky-rocketing in number, size, compute, and power demands. Whether developing new sites, deploying high density AI-hyperscale facilities, collocating, automating operations, improving sustainability and efficiency, or launching new products and services, Foley & Lardner is uniquely suited to support you in all elements of your data center projects. Our clients include data center developers, operators, hyperscalers, investors and lenders, power producers, customers, and, in addition to data center operations, our expertise includes energy procurement and management, real estate and construction, leasing and co-location, joint ventures, information technology procurement, customer contracting, tax incentives and government relations, cybersecurity and privacy, and regulatory compliance.
Our Digital Infrastructure team also has deep experience with the design, construction, and operation of high-speed broadband and fiber networks, including supporting telecom and network infrastructure. In fact, Foley attorneys have not only drafted and negotiated relevant digital infrastructure agreements, we have served as network administrators, developers, and in other IT roles for telecom companies large and small. Our experience includes Network Design/Build and Construction Agreements; Dark Fiber Leases, IRUs, Duct, and Dim Services; Lit Capacity, Lambda Agreements, and Middle/Last Mile Data Transport; Cross-Connects, Switching, and POPs; Layered Network Services, VoIP, and ISP Agreements; and Tower, Bridge, and other Attachment Agreements.
Foley & Lardner is uniquely suited to support you through the lifecycle of your digital infrastructure business and operational interests.
How We Can Help
Property Acquisition and Land Use
Our Real Estate, Land Use, and Environmental teams regularly handle domestic and international site selection, property acquisition, and land use matters for data center and network development. These matters are complemented by our work on air and water permitting, infrastructure planning, and tax treatment.
Design/Build and Data Center Construction
Foley & Lardner provides comprehensive support for structuring and managing data center design/build and construction projects to optimize outcomes, including EPC agreements, zoning, planning, structuring, contracting for design, procurement, construction, management of projects, and regulatory advice, to ensure projects are delivered on-time and on-budget. Our Digital Infrastructure team has deep experience negotiating complex agreements involving hyperscale infrastructure, mission-critical systems, and cutting-edge cooling and energy technologies, as well as resolving delays and other issues with minimal disruption.
Design/Build and Network Services
Our Digital Infrastructure team has experience with a broad range of companies, networks, and technologies inside and adjacent to the telecommunications industry. Our experience ranges from fiber to wireless, middle mile to consumer, and data transport to voice systems. We have experience with companies, products, and matters related to: ILEC and CLEC Regulatory and Spectrum matters; Data Transport and Layered Network Services; POTS, VoIP, Cellular, and Satellite systems; Point-to-Point and Broadband Wireless Communications.
Energy Supply and Power Procurement
Our Energy team handles Power Purchase and QSE Agreements between data center owners/operators and utilities, renewable energy companies, and other producers – allowing operators to secure reliable power supply, including “behind the meter” power and carbon credits to offset energy consumption. We also facilitate the construction of on-site power generation plants and energy storage systems, including drafting offtake agreements between data centers and energy producers, advising on development of, and regulatory constructs for, on-site power generation plants (e.g., Private Use Networks within ERCOT), and energy storage systems.
Financing, Joint Ventures, and Investments
We help clients navigate development and project financing for digital infrastructure, including letters of credit and other forms of security, as well as upper tier operational and revolving financing structures. Our Corporate team can support fund formation, joint ventures, and other platforms to invest into digital infrastructure projects, including asset and equity sales and purchases, mergers and acquisitions, and site-specific and platform joint ventures.
Government Relations, TIFs, and Advisory Services
We counsel private entities and state and local governments on data center development initiatives, including tax incentives and economic development, facilitating many large-scale data center projects. Foley & Lardner’s Tax experts also counsel clients on complex tax regulations, ensuring compliance, and optimizing tax strategies for data center owners and operations.
Leasing, Colocation, Acquisitions, and Sales
Whether design/build coupled with a lease, joint ventures, acquisitions, dedicated facility, campus, multi-building, whole hall, wholesale or retail colocation, roll-ups and REITs, or redevelopments, our Digital Infrastructure team has experience with a wide variety of data center and other digital infrastructure transactions.
Data Center Operations
Our Digital Infrastructure team supports all aspects of daily data center operations, including:
- Hyperscale, Single Tenant, Wholesale & Retail Colocation
- Smart Hands and Managed Services
- Service Level Agreements
- Sustainability and Green Leasing
- GPU, CPU, Rack and Equipment Procurement
- Building Controls, Automation, Monitoring, and Power Efficiency Systems
- Disaster Recovery and Business Continuity Planning
- Physical and Logical Security, including Data Security
- Meet Me Rooms, Cross-Connects, and Network
- Rackspace, Infrastructure, Platform, and other AAS
Privacy, Cybersecurity and Other Compliance Requirements
Our Technology Transactions, Cybersecurity, and Privacy team advises on legal requirements, developing robust security protocols, and managing incident response plans to protect digital infrastructure and data center operators, hyperscalers, infrastructure providers, and AAS companies from breaches.
Intellectual Property
Our Intellectual Property attorneys understand data center software, services, and hardware to help operators protect their significant R&D investments and resulting innovations in the construction and management of their data centers, operation of the their compute, and power efficiency and utilization models.
