Data Center Development

Data centers have become essential to modern infrastructure, and Taft has extensive experience to handle the complex, multidisciplinary demands of data center development projects. We provide counsel throughout the development process, taking a holistic approach to effectively manage the various project considerations to position our clients for success in a rapidly growing and highly competitive market.

Taft is equipped to meet the needs of industry participants, from developers, investors, and contractors to hyperscale operators and colocation providers. Our Real Estate team collaborates across practices to support data center development. Utilizing this collaborative approach, we bring a wide range of real-world practical experience, as well as a depth of experience in the multi-faceted ways in which legal services are needed.

• Providing a broad range of legal services to one of the Big Five technology companies, including development and incentives services for the some of the largest data centers in Illinois, Indiana, and Minnesota.
• Provided a client with legal services for real estate, zoning, and land use entitlement. Taft also assisted the company with government relations.
• Represented a client in connection with the development of a large data center in Illinois. Taft’s work included various regulatory matters with the City of Chicago, negotiations for the installation of a new electrical substation on the site, and a definitive construction contract for the various improvements with a third-party contractor.
• Assisted data center developers, operators, and investors, by providing legal services in all aspects of land acquisition, entitlements, development, and construction agreements. Taft has secured economic incentives; water and wastewater agreements; property tax abatements; job training qualifications; plat and subdivision approvals; and electricity agreements, including redundant service and substation services.
• Assisted a client with government procurement and compliance issues. Taft focused on advising contractors on government regulations, laws, and policies; preparing bid proposals, small business subcontracting plans, and bid protests; drafting and negotiating contracts; resolving contract disputes; facilitating contract compliance, including assisting clients to meet contract participation goals for small businesses.
• Represented a client through agreements with intermediaries to sell its services to others, whether such intermediaries were agents or “distributors.”  Taft also developed an agreement to pay for business referrals to the client.
• Representing a Midwest-based data center for more than 15 years in a variety of engagements including, without limitation, acquisitions and divestitures; compliance; development; financing; government contracting; infrastructure construction and development; and site selection. Taft has also assisted the client in the development and construction of a new data center site, with work including, solar panel acquisition and placement; power acquisition and management; commercial litigation; commercial matters; insurance matters; customer agreements; as well as governance and environmental matters.