Data Centers & Digital Infrastructure
Not Your Ordinary Project
Mintz has historically been – and continues to be – the most active firm in the data center and digital infrastructure space, serving clients across all aspects of these projects for over 30 years. Our matters include some of the largest and most significant data center projects in the US. Our team brings an exceptional understanding of technology and a broad range of experience in the development, leasing, financing, construction, acquisition, and disposition of data centers, colocation facilities, and similar projects. We have led hundreds of transactions worldwide and have drafted every type of commercial contract, negotiated JV and other ownership arrangements, secured project sites and power supplies, and managed all types of equity and debt financings. Our capabilities also include addressing regulatory matters and collaborating directly with IT and engineering professionals to ensure smooth and efficient transactions. We bring an inter-disciplinary, one-stop-shop team approach to handle all aspects these projects.
Share Awards
Chambers USA
Recognized in Massachusetts, New York and Southern California for Real Estate Law.
U.S. News and Best Lawyers®
Recognized in Massachusetts, New York, Los Angeles, and San Francisco for Real Estate Law.
Leading Sustainable Energy & Infrastructure Practice
Ranked as a leading practice by Chambers USA 2025.
CorporateINTL
Projects & Infrastructure Practice chair listed as the Infrastructure Project Finance Lawyer of the Year in Washington D.C. – 2024, CorporateINTL
Law360 MVP
Projects & Infrastructure Practice chair recognized as Project Finance “MVP” by Law360.
Chambers USA
Jeffrey Moerdler ranked for New York Real Estate
Chambers USA
Ayaz Shaikh ranked for Projects: Renewables & Alternative Energy and Projects: Power & Renewables: Transactional
Chambers USA
Steven Shparber ranked for Energy/Electricity - Regulatory & Litigation
Our Experience
Nationally recognized, industry team that has served clients since the industry’s birth more than 30 years ago
Developed, acquired, financed, sold and/or leased more than 40 million square feet of data center, interconnection facility, and colocation space
Negotiated several of the largest data center leases, including an 830,000 square foot data center lease that (at the time) was the largest ever in the US
Our Approach
We bring a fully integrated team to every data center project comprised of attorneys experienced in real estate, project development & project finance, FERC & energy regulatory, private equity, M&A, tax, environmental & permitting, construction, telecommunications, technology & licensing, privacy & cybersecurity, and government relations. Given this collaborative approach, coupled with our deep industry knowledge, refined skill set, and extensive portfolio of data center projects, we are uniquely positioned to meet your legal needs in this space. We are known for our efficient and creative solutions to intractable issues, managing risk and expense for our clients.
- Project structuring and ownership arrangements, including acquisition of majority or minority interests, and negotiation of JV or other ownership agreements
- Negotiation of leases of data center, communications switch, carrier hotel, and colocation facilities, distributed antenna or neutral host systems, cellular sites and related facilities
- Hyperscale negotiations
- Sale-leaseback transactions
- Fiber-optic agreements, including indefeasible rights of use, easements, leases, and building access agreements
- Negotiation of colocation master service and service-level agreements
- Financing solutions, such as construction loans, term loans, mezzanine financing, construction loans and revolving credit facilities as well as ground leases and off balance sheet financing
- Strategic advice for Interconnection and associated interconnection studies and agreements
- Shared facilities arrangements, EPC or other construction contracts, O&M agreements and other project contracts
- Power purchase agreements (PPAs), including sleeved PPAs and VPPAs, hydrogen supply agreements, and other arrangements for on-site power
- Environmental and permitting support, including assessing site and data center operations risks
- Structuring and negotiation of power for data centers through highly innovative deployment strategies, including behind the meter and off the grid data centers such as natural gas cogeneration, solar, wind, battery storage, geothermal and hydrogen power
- Construction contracts
- Data center developers, owners, operators, contractors and service providers
- Property landlords and real estate investment management firms, as well as tenants
- Hosting and colocation companies, including financial institutions, health care companies, universities, radio and TV stations
- Prominent sponsors, developers, and owners of data center projects, including both long- standing and new cutting-edge data center companies
- Strategic and financial investors, including PE funds
- Project lenders and other equity and debt financiers
- Tenants, customers and licensees of data center space and power
Meet Mintz
Member / Chair, Projects & Infrastructure Practice
Member / Chair, Sustainable Energy & Infrastructure Practice
Member / Co-Chair, Sustainable Energy & Infrastructure Practice
Member / Co-chair, Private Equity Practice
Member / Chair, Technology, Communications & Media Practice
Senior Vice President of ML Strategies
Senior Vice President of ML Strategies
ML Strategies - Executive Vice President & Director of Operations
Member / Co-chair, Privacy & Cybersecurity Practice
Member / Chair, Technology Transactions & Licensing Practice
Our Insights
Viewpoints
Top Ten Data Center Legal Issues – For Leases and MSAs
April 13, 2022| Video|
