Data Center and Cloud Infrastructure Team
In the 21st century digital economy, companies cannot afford to fall behind. Every business has been affected by the rapid evolution of technology, the move to cloud computing and related developments. In order to keep up with the unique needs of the information age, Bryan Cave’s global Data Center and Cloud Infrastructure Team has the vision and experience to anticipate evolving trends and provide the enhanced value that our clients demand and deserve.
Rooted in the firm’s Chambers USA-rated Real Estate Practice, the Data Center and Cloud Infrastructure Team combines Bryan Cave’s deep well of knowledge and experience in numerous practice areas in order to help our clients address all aspects of data center development and tax incentives, construction, acquisition and sales, operations, leasing, subleasing and co-location along with environmental permitting, power purchases, power procurement strategies and agreements, user agreements, service level agreements and maintenance agreements.
A key strength of our Data Center Team is our worldwide geographic coverage enabling Bryan Cave to provide assistance in the predominant locations where data centers are clustered. Other key elements of our Data Center Team offering are set out below.
Data Center Tax Incentives and Legislative Issues
Bryan Cave attorneys on the Data Center Team are leaders on data center tax issues, development incentives for data centers, and legislative issues associated with taxes on data center construction and operation. Our team literally “wrote the law” in more than one jurisdiction to eliminate or reduce taxes on data center equipment and power consumption. Further, our attorneys help clients navigate complex digital transactions and service offerings that most current tax laws fail to address. From providing support for site selection, to managing ongoing tax burdens from data center operations, to a cloud product launch, our proven team can assist.
Real Estate Private Equity and REITs
Private equity and REIT financing are fueling rapid growth in the industry. Bryan Cave's Real Estate Private Equity and REIT Practice is a key area where the firm enjoys a nationally recognized reputation and serves as an anchor to our Data Center Team. Our attorneys regularly represent real estate industry clients in structuring, negotiating and documenting the following types of transactions:
Real estate private equity and joint ventures
Private and public equity and debt offerings
Private, non-traded and publicly traded REITs
REIT mergers and acquisitions, and REIT conversion and spin-off transactions
Data Center M&A and Transactions
M&A activity in the data center sector is widely publicized. Transactional matters are a "core practice" at Bryan Cave and we are regularly ranked among the top 10 legal advisers for M&A work involving a U.S. target. Projects which we regularly handle for clients are:
Mergers and other acquisitions and dispositions of businesses and related assets
Tender offers, proxy contests and similar transactions
Takeover and antitakeover planning
Joint ventures and other methods of combining business operations
Spin-offs, split-offs and other methods of restructuring the ownership of business operations
Co-location, Leasing and Licensing
Our attorneys are particularly experienced in advising companies on the legal complexities associated with all aspects of data center operations, leasing, subleasing, co-location and related services. Bryan Cave has extensive experience advising on the related service level maintenance agreements and we have assisted with data privacy policies and various user agreements. Our in-depth industry knowledge enables us to efficiently negotiate data center development and operation agreements, while providing up-to-date guidance on industry-specific terms and conditions. We regularly represent major buyers and providers of data center services. Our attorneys understand and counsel clients on how to protect their interests with respect to access rights, service levels, disaster recovery and business continuity, termination rights, wind-down and hold-over rights, and other legal and commercial terms unique to data center leases and co-location related agreements.
Telecommunications and Network Connectivity
Our Data Center Team attorneys possess significant experience handling the most important issues associated with network connectivity, whether related to issues involving local exchange carriers (LECs), competitive local exchange carriers (CLECs), wireless providers, broadband companies and cable companies. We have experience with deployment of every technology currently used in the marketplace (i.e. CDMA, EVDO, GSM, EDGE, Wimax and LTE). Our experience includes agreements related to tower, macro cell antenna, small cell antenna and solar installations; co-location facility agreements and leases; fiber connectivity agreements and licenses; master services/service level agreements; IRU agreements/managed services; new builds and new site overlays; cell site power and telco hardening; and E911 implementation.
Renewable Energy and Sustainability
Bryan Cave’s lawyers are active assisting clients with renewable and alternative energy project development, financing and operations including most every form of renewable energy. We have one of the nation’s leading practices involving the structuring and restructuring of projects to monetize federal and state tax credits and renewable energy credits and we routinely represent clients in analyzing project feasibility, structuring project ownership, project financing and project development. This includes project siting, governmental land use and other approvals, environmental and other permitting, regulatory compliance, and contracts for project construction and operation, facility interconnection, transmission, power and other product offtake arrangements, operations and maintenance, and fuel and other feedstock supply arrangements.
Additional Areas of Focus
The following is a representative list of some of the many practice areas throughout the firm that are also available to address the unique needs of our data center clients.
Real Estate Private Equity and REITs
Energy and Renewables
Sustainable Energy and Climate Change
Data Center Construction
M&A and Data Center Transactions
Private Equity and Joint Ventures
Data Center Finance
Corporate Finance and Securities
Land Use and Entitlements
Legislative and Governmental Affairs
Litigation and Dispute Resolution