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Overview
The Legal Playbook for the Data Center Land Rush
Data centers are reshaping commercial real estate markets across the country, creating opportunities and legal challenges for attorneys representing landowners, developers, municipalities, utilities, and neighboring property owners. This practical boot camp walks through the lifecycle of a data center project from due diligence through land acquisition, zoning, and development. You'll learn how data center projects differ from traditional commercial developments, review the contracts, and identify the land use and dispute risks that can derail a project. Along the way, you'll receive sample agreement language and practical guidance you can apply in your practice. Get the insights you need before your next data center deal - register today!
- Understand the data center development process and attorneys' roles at each stage of the project.
- Spot legal, regulatory, title, and land use issues that can delay or derail a project.
- Walk away with practical drafting guidance and sample language for key agreements used in data center transactions.
- Navigate the zoning and entitlement process while anticipating common approval hurdles.
Abbreviated Agenda
- Anatomy of a Data Center Project
- Site Selection, Due Diligence, and Development Incentives
- Early Contracts and Land Acquisition: Reviewing Key Agreements (With Sample Language)
- Zoning, Entitlements, and Community Opposition
- Development Risks: What Can Go Wrong
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| AICP |
|
3 Total |
| Alaska CLE |
|
3 Total |
| Alabama CLE |
|
3 Total |
| Arkansas CLE |
|
3 Total |
| Arizona CLE |
|
3 Total |
| California CLE |
|
3 Total |
| Colorado CLE |
|
4 Total |
| Connecticut CLE |
|
3 Total |
| Delaware CLE |
|
3 Total |
| Florida CLE |
|
3.5 Total |
| Georgia CLE |
|
3 Total |
| Hawaii CLE |
|
3 Total |
| Iowa CLE |
|
3 Total |
| Idaho CLE |
|
3 Total |
| Illinois CLE |
|
3 Total |
| Indiana CLE |
|
3 Total |
| Kansas CLE |
|
3.5 Total |
| Kentucky CLE |
|
3 Total |
| Louisiana CLE |
|
3 Total |
| Maine CLE |
|
3 Total |
| Minnesota CLE |
|
3 Total |
| Missouri CLE |
|
3.6 Total |
| Northern Mariana Islands CLE |
|
3 Total |
| Montana CLE |
|
3 Total |
| North Carolina CLE |
|
3 Total |
| North Dakota CLE |
|
3 Total |
| Nebraska CLE |
|
3 Total |
| New Hampshire CLE |
|
3 Total |
| New Jersey CLE |
|
3.6 Total |
| New Mexico CLE |
|
3 Total |
| Nevada CLE |
|
3 Total |
| New York CLE |
|
3.5 Total |
| Ohio CLE |
|
3 Total |
| Oklahoma CLE |
|
3.5 Total |
| Pennsylvania CLE |
|
3 Total |
| Rhode Island CLE |
|
3.5 Total |
| South Carolina CLE |
|
3 Total |
| Tennessee CLE |
|
3 Total |
| Texas CLE |
|
3 Total |
| Utah CLE |
|
3 Total |
| Virginia CLE |
|
3 Total |
| Vermont CLE |
|
3 Total |
| Washington CLE |
|
3 Total |
| Wisconsin CLE |
|
3.5 Total |
| West Virginia CLE |
|
3.6 Total |
| Wyoming CLE |
|
3 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Anatomy of a Data Center Project
- What Makes a Data Center Different From Other Commercial Developments
- Overview of the Data Center Development Lifecycle
- The Key Players and Attorneys' Roles Throughout the Project
- When Specialized Counsel Should Be Brought In
-
Site Selection, Due Diligence, and Development Incentives
- Evaluating Whether a Site Is Legally and Practically Viable
- Power, Fiber, Water, and Transportation Access
- Reviewing Title, Surveys, Easements, and Access Rights
- Existing Land Use Restrictions, Covenants, and Development Agreements
- Environmental and Regulatory Red Flags
- Economic Development Incentives, Tax Abatements, and Exemptions
- Development Agreements Tied to Incentive Packages
-
Early Contracts and Land Acquisition: Reviewing Key Agreements (With Sample Language)
- Confidentiality Agreements and Exclusivity Provisions
- Option Agreements and Phased Acquisitions
- Purchase and Sale Agreements
- Ground Leases
- Rights of First Refusal, Expansion Rights, and Future Development Provisions
- Assignment Provisions and Successor Obligations
- Structuring Contingencies Around Due Diligence and Approvals
-
Zoning, Entitlements, and Community Opposition
- Industrial vs. Utility vs. Special Use Classifications
- Rezoning and Conditional/Special Use Permits
- Moratoria and Comprehensive Plans
- Public Hearings and Working With Planning Commissions
- Noise, Generators, Cooling Systems, Setbacks, and Other Recurring Issues
- Managing Neighborhood and Political Opposition
-
Development Risks: What Can Go Wrong
- Utility Coordination and Power Availability
- Energy Procurement and Grid Interconnection (Power Purchase Agreements (PPAs), Interconnection Agreements)
- Construction and Infrastructure Agreement Pitfalls
- Environmental and Administrative Challenges
- Nuisance and Neighboring Property Claims
Who Should Attend
This program is designed for attorneys who advise clients on commercial real estate development, land use, and property transactions, as well as those who are beginning to encounter data center projects in their practice. Planning and zoning officials, economic development officials, commercial real estate professionals, and paralegals may also benefit.
Speakers
Speaker bio
Stacy A. Osmond
is a partner in DLA Piper’s real estate practice, with a national focus on data center development and leasing, joint ventures, and institutional real estate investment. She represents developers, operators and investors in structuring and negotiating complex data center transactions, including build-to-suit projects, powered shell arrangements and hyperscale campuses. Ms. Osmond regularly advises on all phases of the data center lifecycle, including land acquisition and diligence, joint venture formation and capitalization, development, leasing and disposition. She also has extensive experience representing institutional investors, developers, REITs and corporate users in joint ventures, real estate investment, leasing, financing, acquisitions and dispositions, and corporate real estate services. Ms. Osmond frequently structures programmatic joint ventures and real estate investments for developers and institutional investors, and advises on the real estate aspects of mergers and acquisitions. In addition, she represents borrowers, financial institutions and investors in secured real estate financings, including CMBS, agency and portfolio transactions. Ms. Osmond's work spans a wide range of asset classes and deal structures, with a focus on aligning legal strategy with business objectives. She is a frequent speaker on data center transactions, joint ventures and commercial leasing, and has presented on topics including hyperscale lease negotiations, energy and real estate law, and default provisions in real estate joint ventures. Ms. Osmond also regularly speaks on office and industrial leasing trends, and has been featured in client conferences, CLE webinars and industry panels. Her clients value her ability to navigate complex transactions with clarity and precision, delivering practical solutions that support growth, innovation and long-term value. Ms. Osmond earned her B.A. degree, summa cum laude, from University of Missouri St Louis and her J.D. degree, summa cum laude, from Saint Louis University School of Law.
Speaker bio
Kawit Promrat
is an associate with the Reston office of DLA Piper LLP. He is a land use and zoning attorney in Northern Virginia. Mr. Promrat represents major developers and national, regional, and local companies before local governments in all facets of the land use and development approval process, which includes rezoning applications and special exceptions. His practice includes prominent transit-oriented, mixed-use, residential, and data center projects throughout the Northern Virginia area. Mr. Promrat regularly interacts with local planning, transportation, and environmental staffs, planning commissions, elected officials and interested citizens organizations to assist clients in obtaining the necessary state and local governmental approvals. He also counsels on all zoning and litigation risks facing development projects in Northern Virginia and around the country. Mr. Promrat has particular focus in land-use litigation, including neighbor standing to challenge land use approvals, compliance with land use procedural statutes, and the intersections of state and local governmental authority to regulate the built environment. While attending the University of Virginia School of Law, he supported the research efforts of the University of Virginia's Environmental Institute and the Terner Labs Housing Venture, an affiliate of University of California – Berkeley in producing robust pro-housing supply research. Mr. Promrat also served as a legal intern in the United States Department of Housing and Urban Development's Office of General Counsel. As a member of the University of Virginia School of Law Housing Litigation Clinic, he represented indigent clients facing eviction and termination of housing vouchers throughout Charlottesville and Albermarle County, Virginia.
Speaker bio
Brian Winterhalter
is a partner with the Reston office of DLA Piper LLP. He is an experienced commercial real estate attorney with a particular focus on and history of success in land use and zoning matters throughout Northern Virginia. Mr. Winterhalter represents major developers and national, regional and local companies in all facets of land use, including noteworthy transit-oriented, mixed-use projects, office, hotel, residential and integrated retail and urban infill residential projects, as well as major data center projects and related fiber optic conduit facilities throughout the Ashburn area of Loudoun County. He counsels on all aspects of the land use, planning, zoning and development processes. Mr. Winterhalter is well known for succinctly and persuasively presenting complicated developments to state and local governing authorities throughout Northern Virginia, including Fairfax, Loudoun and Prince William counties, and the cities and towns within this region, along with the local planning, transportation, and environmental staffs, planning commissions, elected officials and interested citizens organizations. In addition, clients turn to him for his regional experience in crafting the complex ownership and governance regimes for horizontal and vertically integrated mixed-use developments, including the creation of condominium and subdivision structures, commercial and mixed-use property owners' associations and reciprocal easement agreements. Mr. Winterhalter navigates the complicated endorsements needed from owners, developers, tenants and lenders, as well as the necessary governmental approvals, to ensure an approvable, financeable and implementable legal structure. He earned his B.A. degree, with high honors, from University of Virginia and his J.D. degree from University School of Law.
Speaker bio
Brian K. Fielden
Is Partner & Co-Chair, Construction with DLA Piper LLP’s Atlanta office. He has a national and international construction law practice representing owners, contractors and lenders in both litigation and transactional matters. His broad range of project experience includes data centers, large infrastructure, rail, renewable energy (solar, wind, geothermal, biomass, hydrogen, methanol), nuclear, BESS, manufacturing plants, industrial facilities, mixed-use developments, casinos and professional sports stadiums. His transactional projects often involve complex, public-private partnership (P3) arrangements. Brian has handled construction disputes and transactions on projects located throughout the United States and in Africa, Asia, Canada, the Caribbean, throughout Europe, Latin America and the Middle East. In his transactional practice, Brian represents global companies in negotiating design and construction agreements, complex EPC and O&M agreements, and project agreements in various P3 structures. He also advises companies in preparing form design and construction documents and implementing internal procedures to manage risk and avoid claims in their construction programs. He received his BSME, cum laude from Southern Methodist University and JD, with honors from University of North Carolina School of Law.
Speaker bio
Stephanie Yarbrough
is a partner in King & Spalding's corporate, finance and investments practice group. She focuses her practice on advising domestic and international companies seeking to expand or relocate in the United States, noting that one of the biggest assets she brings to clients is her ability to navigate relationships with local and state governmental leadership and decision makers. Ms. Yarbrough has extensive experience advising companies across a wide range of industries, including corporate headquarters, manufacturing, datacenters, distribution and large office deals. She has extensive experience in the automotive sector, the life sciences sector and aviation. Ms. Yarbrough works with new and expanding businesses in identifying and negotiating all aspects of a discretionary incentive package, advocating before the proper governmental entities during all phases of the incentive approval process. She negotiates and structures large incentive packages on behalf of global companies on a daily basis. Ms. Yarbrough also advises clients in general tax and corporate matters, noting that her deep experience in public company mergers and acquisitions makes her well suited to run some of the largest deals in the country. Her efforts on behalf of clients have led to the creation of hundreds of thousands of new jobs and billions of dollars in capital investment. Additionally, Ms. Yarbrough is brought in regularly by leading site selection consulting firms and other global law firms as local counsel on economic development deals where her knowledge and tenacity can be critical to getting deals done. She regularly counsels companies on all aspects of the deal, incentives, tax, real estate, corporate, construction, IP/patent, litigation, employment, immigration, environmental, land use/planning/zoning. Ms. Yarbrough's legal work often involves foreign based companies and is evenly split between landlord/developer representation and tenant/end user representation. As a recognized thought leader in the economic development space, she is frequently sought after to speak at local, national and global industry conferences and regularly publishes articles and insights. Ms. Yarbrough is individually ranked for corporate/M&A and private equity, Chambers USA (District of Columbia) and as a Super Lawyer of The Best Lawyers in America for her exceptional work in economic development law. She is admitted to practice in South Carolina, North Carolina and Washington, D.C.
Speaker bio
Scott Young
is Of Counsel with DLA Piper LLP's Dallas office where he focuses his practice in the area of corporate law. He earned his BA degree from Utah State University and JD degree from University of Texas at Austin.
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