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Energy

Data Centers

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We understand the intricate challenges you face when developing, operating, or leasing space in data centers across the United States. You need a trusted partner who can handle any legal issue that arises—this is where we come in.

Meet Your Guides

Our team of adept lawyers specializes in data centers and brings a wealth of experience to the table. We serve a diverse range of clients, including:

  • Cloud service providers
  • Data center developers and operators
  • Edge providers
  • Hyperscalers
  • Managed service providers
  • Manufacturers
  • Power, energy, and utility service providers
  • Real estate owners and investors
  • Fiber network builders and operators

Your Path to Success

Our cross-sector team, combining expertise in real estate, energy, and technology, is here to guide you through every step of the process. We can advise on matters related to:

  • Identifying optimal locations for data centers
  • Securing reliable power and water
  • Navigating permitting, compliance, privacy, and environmental obligations
  • Negotiating agreements to lease/license space and service level agreements (SLAs)
  • Procuring connectivity and access rights that link data centers to terrestrial fiber, subsea cables, and satellite networks

Areas of Focus

We cover a wide range of areas to support your needs:
Artificial Intelligence
Communications Infrastructure
Data Privacy & Cyber Security
Dispute Resolution
Energy Procurement
Environmental, Social & Governance
Financing
Government Relations
Intellectual Property
Mergers, Acquisitions & Investments
Real Estate & Permitting
Renewable Energy & Sustainability
State & Federal Regulatory Compliance
Tax
Technology

Why Choose DWT?

We pride ourselves on integrating diverse legal expertise to provide tailored strategic counsel and solutions for both routine activities and the most challenging, nuanced needs. Our collaborative approach ensures you receive high-quality counsel and the confidence to navigate the legal landscape around data centers successfully.

Data Center Interconnection and Power Supply Issues

Advised a Washington state public utility district regarding data center interconnection and power supply issues, statutory authority, and proposed new rate schedules and practices related to new large and/or energy-intensive loads.

Power Sales Agreement for Cryptocurrency Mining Operation

Advised a Washington state public utility district in drafting and negotiating a power sales agreement with a new retail customer developing a cryptocurrency mining operation.

Bespoke Agreements for California Data Center Project

Advised and assisted a private equity developer in preparing and negotiating bespoke agreements for the procurement and delivery of power to a California data center project.

Regulatory Proceedings for Data Center Operator

Advanced a data center operator's interests in Bonneville Power Administration and state utility regulatory proceedings involving power supply matters.

Carbon-Free Energy Contract for Data Center

Advised a major wholesale power marketer on the development of a groundbreaking contract to supply carbon-free energy 24/7 to a large, new data center, including providing in-depth legal and regulatory research, drafting, and counseling.

Data Center Leases and Subleases

Prepared, reviewed, and negotiated data center leases and subleases (including both gross leases and triple-net leases) as well as options and purchase and sale agreements.

Build-to-Suit Project Development

Advised on project development issues for build-to-suit projects on due diligence, land use and zoning, and real property rights, both for footprint and linear facilities, including alternative analyses.

Enabling Enterprise AI

Negotiating custom agreements for custom deployment of AI equipment in a data center to enable enterprise AI offerings.

Water Due Diligence and Procurement Agreements

Advised on and conducted water due diligence and negotiated water procurement or water sharing agreements necessary to ensure water supplies.

Urban Data Center Development

Advised on real estate, permitting, and renewable energy procurement matters for the development of an urban data center, which included wetlands and wastewater permitting, transportation access agreements, property boundary adjustments, shared facility agreements, and green energy supply agreements.

Framework Colocation Agreements

Successfully negotiated more than 50 master-level colocation agreements for a hyperscaler client for colocation rights in data centers around the globe.

Power Procurement for Data Center Projects

Advised a major multinational technology company on matters related to power procurement for data center projects, including drafting and negotiating engineering, procurement, and construction agreements, development agreements, and energy services agreements around the country.

Multi-Jurisdictional Permitting Strategy

Advised on and implemented a multi-jurisdictional permitting strategy to obtain approvals for the construction and operation of a 190-acre data center campus in Oregon.

Environmental Compliance for Data Center Projects

Advised on environmental compliance issues related to stormwater and wastewater management and hazardous waste management.

Procuring Critical Connectivity Rights

Drafting and negotiating long-term IRUs for linear infrastructure to ensure redundant connectivity for large and hyperscale data centers. 

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06.21.24
Presentations
Data Centers
Panelist, "Rise of Data Centers in the Sunshine State and U.S.," FCBA Florida Chapter Panel Discussion
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06.13.24
Insights
FCC Proposes Reporting and Other Obligations To Secure Routing of Internet Traffic Read More
Federal Energy Regulation Commission closes investigation into Dynegy market manipulation claims
03.11.24
Insights
Rethinking Resilience: ESG, DEI, and the Future of Supply Chains Read More
Artificial Intelligence Digital Sever Security
02.14.24
Insights
Communications
Commerce Department Proposes Cybersecurity/AI Reporting and "KYC" Requirements for Certain Cloud Providers Read More
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01.11.24
Insights
California
Can the CPUC Fast Charge California's Transportation Electrification Goals? It Plans to Try Read More
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11.15.21
Insights
Congressional Activity
Congress Invests Historic $65 Billion in Nation's High-Speed Internet Networks and Affordability Program Read More
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Industry Contacts

Prabhakaran, Vidhya
Vidhya Prabhakaran
Partner
Partner-in-Charge, San Francisco
San Francisco
415.276.6568
Albrich, Elaine R.
Elaine R. Albrich
Partner
Co-chair, Energy, Environmental & Natural Resources Practice
Portland
503.778.5423

Our Team

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Albrich, Elaine R.
Elaine R. Albrich
Partner
Co-chair, Energy, Environmental & Natural Resources Practice
Portland
503.778.5423
Cilek, Caroline
Caroline Cilek
Associate
Portland
503.241.2300
Galloway, Alan
Alan Galloway
Counsel
Portland
503.778.5219
Gannett, Craig
Craig Gannett
Senior Counsel
Seattle
206.757.8048
Graham, Clayton
Clayton P. Graham
Partner
Co-chair, Real Property Practice Group
Seattle
206.757.8052
Green, Derek D.
Derek D. Green
Partner
Portland
503.778.5264
Jamin, Olivier
Olivier Jamin
Counsel
Portland
503.778.5346
Jorrie, Katie E.
Katie E. Jorrie
Partner
San Francisco
415.276.6554
Moelter, Heather
Heather Moelter
Associate
Portland
503.778.5406
Peirovi, Samin
Samin Peirovi
Associate
Washington, D.C.
202.973.4229
Prabhakaran, Vidhya
Vidhya Prabhakaran
Partner
Partner-in-Charge, San Francisco
San Francisco
415.276.6568
Shabad Puri
Shab Puri
Partner
San Francisco
415.276.6507
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Contact Us

Ready to tackle the complexities of data centers with confidence? Partner with Davis Wright Tremaine and let us guide you to success.
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©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.