Real Estate

Communications & Data Centers

Whether you are interested in the development, leasing, financing, or sale of a data center or colocation facility, it is no ordinary real estate transaction. These facilities have exacting requirements that can make siting their operations and negotiating associated real estate and information technology transactions difficult. It takes counsel with the relevant experience and knowledge to effectively advocate on your behalf.

Our attorneys have handled hundreds of data center and colocation facility transactions on both the landlord and tenant sides throughout the United States, including the acquisition, development, sale, and financing of data center, colocation, and other telecommunications properties. We bring a deep understanding of these facilities and the technology to every transaction — an advantage that very few law firms can provide. By speaking directly with the parties’ information technology and engineering professionals, we are able to understand and implement their requirements in a manner that works for you and to negotiate a lease or colocation agreement and a service-level agreement that protects your interests.

Quick Facts

  • National practice facilitating data center real estate transactions since 1990
  • Real estate and communications clients including property owners, data center owners and operators, colocation companies, radio and TV stations, service providers, and tenants
  • Represented hundreds of landlords, tenants, and colocation companies and customers in lease transactions and agreements throughout the United States
  • Negotiated several of the largest data center / carrier hotel leases in the New York City metropolitan area
  • Attorneys who frequently publish articles, speak at conferences, and are sources in national media outlets on communications and real estate topics
  • Developed, acquired, leased, financed, and sold millions of square feet of data center, carrier hotel, switch facility, and colocation space

Areas of Focus

  • Development, leasing, financing, and sale of data center, communications switch, carrier hotel, and colocation facilities for both property owners and tenants
  • Negotiation of colocation master service and service-level agreements
  • Fiber-optic agreements, including indefeasible rights of use, easements, leases, and building access agreements

Representative Experience

  • Represented the landlord in a lease of several hundred thousand square feet of data center space to a large data center / colocation company that in turn leased out smaller spaces to individual users and colocation customers. According to media reports, this is the largest data center lease ever negotiated in the United States.
  • Represented a major data center operator in the acquisition, development, leasing, financing, refinancing, and eventual sale of several major data center properties over the past seven years.
  • Represented a major financial services and brokerage institution in a sale of its principal data center facility and the leaseback of a portion of that facility for its long-term use with extensive service-level agreement protections.
  • Represented another major financial services firm in the development of its first two data center facilities.
  • Represented dozens of individual tenants and colocation customers in the leasing of data center space and colocation space throughout the United States, including the negotiation of colocation agreements addressing their concerns.
  • Represented a European hedge fund in the lease of a space, which is among the first facilities in the United States to utilize water-cooled rather than air-cooled equipment racks, and developed a service-level agreement to address water-cooled rack issues.
  • Represented both property owners and operators of fiber-optic networks in the leasing of fiber-optic cables, conduits, and related facilities and in the development of fiber-optic networks.
  • Served as special counsel to an investment fund in the acquisition of a majority interest in a UK data center operator and in implementing US data center best practices.

Clients We Serve

  • Property owners and landlords
  • Data center owners and other tenants
  • Real estate investment management firms
  • Financial services and brokerage institutions
  • Telecommunications companies, including service providers and fiber-optic network companies