Real Estate

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Data Center Development Law: Ultimate Legal Guide

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Live Online
6 hours
Jason Holleman
Richard Marsh
Marlon Primes
Jessica Lehman
Michael Hogue
Frederic Knaak
Micheline Fairbank
With Jason D. Holleman from Holleman Law Group + 6 others

Thu, Dec 17, 00:00 AM – 00:00 PM

Product ID 102815

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Course Includes
$429

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OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

A Data Center Developer Comes to Town: Are You Ready?

When a data center developer targets a community, the project moves quickly. National counsel arrives with sophisticated documents, aggressive timelines, and expectations that local attorneys, landowners, and government officials will keep pace. Yet for many of the attorneys in the room - the landowner's, the municipality's, the neighbor's, even the local counsel brought in to help the developer - it's their first data center project.

This practical program gives you the legal foundation to confidently navigate every stage of the process. You'll work through site control, purchase and ground lease agreements, due diligence, zoning and incentive negotiations, utility and easement issues, and the construction and community disputes that often follow. Along the way, you'll review sample provisions, practical drafting guidance, and negotiation strategies you can put to use right away. Whether you represent the landowner, the local government, a smaller contractor, an affected neighbor, or serve as local counsel to a developer's team, you'll leave ready to handle one of the fastest-growing areas of real estate. Register today!

  • Review the NDAs, exclusivity provisions, and option agreements that start a data center site deal.
  • Negotiate a data center land sale with confidence - sample purchase agreement language included.
  • Structure ground leases and easements that protect your client's long-term interests.
  • Spot the title, survey, and diligence issues that can make or break a deal.
  • Navigate the zoning approval issues and the classification fights unique to data centers.
  • Structure development agreements and incentive deals your client won't regret in five years.
  • Know the water, power, and environmental review issues fueling local pushback.

Abbreviated Agenda

  1. Site Control and Agreements to Get the Deal Started
  2. Negotiating Purchase Agreements for Data Center Land Acquisitions (With Sample)
  3. Ground Leases and Easements (With Sample Language)
  4. Title, Survey, and Due Diligence: Issues That Can Kill a Data Center Project
  5. Zoning, Land Use Approvals, and Community Opposition
  6. Development Agreements and Tax Incentives
  7. Energy, Utility, and Environmental Issues: The Need-to-Knows
  8. Construction Contracts and Risk Allocation Guide for Local Counsel
  9. Neighbor Complaints: Nuisance, Utility Strikes, Property Damage, and Other Claims
  10. Legal Ethics

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102815

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Site Control and Agreements to Get the Deal Started

    1. Confidentiality Agreements/NDAs
    2. Exclusivity Provisions and Option Agreements
    3. Rights of Entry, Site Access, and Phased Acquisitions

  2. Negotiating Purchase Agreements for Data Center Land Acquisitions (With Sample)

    1. Structuring Due Diligence and Approval Contingencies
    2. Purchase Price and Closing Mechanics
    3. Assignment Provisions and Successor Obligations
    4. Data Center-Specific Representations and Warranties

  3. Ground Leases and Easements (With Sample Language)

    1. Ground Lease Structures
    2. Rights of First Refusal and Rights of First Offer
    3. Expansion Rights, Reserved Land, and Future Development Provisions
    4. Utility and Telecom Easements: What You Need to Know
    5. Common Negotiation Pitfalls for the Developer and Landowner

  4. Title, Survey, and Due Diligence: Issues That Can Kill a Data Center Project

  5. Zoning, Land Use Approvals, and Community Opposition

    1. The Classification Fight: Industrial vs. Utility vs. Data Center Use Classifications
    2. Conditional Use Permits and Special Exceptions
    3. Emerging Data Center-Specific Overlay Districts, Siting Ordinances, and Moratoria
    4. Site-Specific Conditions Unique to Data Centers
    5. Community Opposition: Common Objections and Procedural Challenges to Approvals

  6. Development Agreements and Tax Incentives

    1. Development Agreements: Infrastructure Commitments and Conditions of Approval
    2. State and Local Incentives
    3. PILOT Agreements
    4. Performance Requirements
    5. Property Tax Reassessment and Incentive Clawback Risk
    6. Public Disclosure Issues

  7. Energy, Utility, and Environmental Issues: The Need-to-Knows

    1. Grid Interconnection and Large-Load Regulatory Basics
    2. Behind-the-Meter Generation, Power Purchase Agreements, and Microgrids
    3. Environmental Review
    4. Environmental and Permitting Surprises Mid-Build
    5. Stormwater and Water Withdrawal Permits

  8. Construction Contracts and Risk Allocation Guide for Local Counsel

    1. Construction and EPC Contract Structures
    2. Subcontractor Agreements: Key Provisions to Review and Negotiate
    3. Delay, Cost, and Liability Provisions

  9. Neighbor Complaints: Nuisance, Utility Strikes, Property Damage, and Other Claims

  10. Legal Ethics

    1. Conflicts of Interest - Multi-Party Representation
    2. Safeguarding Confidential Client Information
    3. Competency and Scope - Advising Outside of Your Comfort Zone
    4. Fee Agreements and Engagement Letters for Episodic Local-Counsel Roles
    5. Duty of Candor
    6. Misrepresentation in Negotiations

Who Should Attend

This program is designed for attorneys. Real estate attorneys, local government and municipal counsel, energy and environmental attorneys, construction and litigation attorneys, and tax and economic development counsel will find value. Local government officials, land use planning professionals, and paralegals may also benefit.

Speakers

Jason D Holleman
Jason D.
Holleman
Holleman Law Group
Richard R Marsh
Richard R.
Marsh
Flaherty Sensabaugh Bonasso PLLC
Marlon A Primes
Marlon A.
Primes
Brennan, Manna & Diamond, LLC
Jessica Lehman
Jessica
Lehman
Journey Bank
Michael R Hogue
Michael R.
Hogue
Greenberg Traurig, LLP
Frederic W Knaak
Frederic W.
Knaak
HKB Law, P.A.
Micheline N Fairbank
Micheline N.
Fairbank
Fennemore Craig, P.C.
Speaker bio
Jason D Holleman

Jason D. Holleman

Holleman Law Group
Jason Holleman

is principal at Holleman Law Group, where he focuses primarily on land use and zoning, state and local government regulation and licensing, property disputes, condemnation, and civil litigation. He is a current member of the Tennessee Municipal Attorneys Association. Mr. Holleman earned his Bachelor of Arts degree, cum laude, from Samford University in Birmingham, Alabama. He subsequently earned his J.D. degree from Tulane University School of Law in New Orleans, Louisiana.

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Speaker bio
Richard R Marsh

Richard R. Marsh

Flaherty Sensabaugh Bonasso PLLC
Richard Marsh

is an attorney with Flaherty Sensabaugh Bonasso PLLC, practicing out of the firm's Clarksburg and Morgantown, West Virginia offices. His areas of concentration include municipal law, trusts and estates, real property, tax matters, and general business representation. Mr. Marsh has extensive experience guiding clients through estate planning and administration, with particular emphasis on addressing estate tax implications and resolving tax liabilities that arise during the settlement process. He graduated from West Virginia University in 2005 with a B.S. degree in agribusiness management and rural development, and from West Virginia University College of Law in 2008. Prior to joining Flaherty Sensabaugh Bonasso PLLC, he practiced with McNeer, Highland, McMunn & Varner L.C. Throughout his career, Mr. Marsh's practice has focused on estates, estate planning, real property, small businesses, and tax considerations integral to those areas.

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Speaker bio
Marlon A Primes

Marlon A. Primes

Brennan, Manna & Diamond, LLC
Marlon Primes

is a partner in the Cleveland office of Brennan, Manna & Diamond, LLC. He is a distinguished former assistant U.S. attorney for the Northern District of Ohio, with over 30 years of experience. Mr. Primes has transitioned to serve as co-chair of BMD's business and tort litigation practice, and represents companies across the U.S. in high-stakes litigation. He has handled a wide variety of complex civil litigation in state, federal and appellate courts, including jury trials and appellate actions. Mr. Primes earned his B.S. degree from Ohio University and his J.D. degree from Georgetown University Law Center.

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Speaker bio
Jessica Lehman

Jessica Lehman

Journey Bank
Jessica Lehman

is an attorney and executive vice president/director of trust services with Journey Bank, based out of Bloomsburg, Pennsylvania. She was previously a partner with Hill, Turowski, James & Lehman, LLP. Ms. Lehman practiced in the areas of real estate, business law, family law and estate planning. She is a licensed title agent with First American Title Insurance Company. Ms. Lehman is a member of the Pennsylvania Bar Association and thepPresident of the Columbia-Montour Bar Association. She earned her B.S. degree from Lycoming College and her J.D. degree from Widener Commonwealth School of Law.

 

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Speaker bio
Michael R Hogue

Michael R. Hogue

Greenberg Traurig, LLP
Michael Hogue

maintains a multi-disciplinary construction practice providing representation to owners, developers, and major corporations in all aspects and phases of construction and project development in the real estate industry. His practice provides an integrated "one-stop-shop" for a broad cross-section of public and private sector clients in due diligence, transactions, tenant buildouts, project oversight and management, regulatory compliance, disputes, litigation, and restructuring/bankruptcy matters.

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Speaker bio
Frederic W Knaak

Frederic W. Knaak

HKB Law, P.A.
Frederic Knaak

is a partner in the law firm HKB Law, P.A. Recently, he has moved that practice into North Star Law Group in St. Paul, Minnesota, where he heads the municipal law group. Mr. Knaak has represented cities and other local units of government for more than 45 years. His practice includes real estate, zoning and land use, municipal law, public and election law, including substantial trial and appellate litigation experience state and federal courts. For ten years, Mr. Knaak served in the Minnesota Senate, representing a suburban district northeast of St. Paul. He was the Minority Floor Leader, and served during his entire tenure on the Data Practices Subcommittee, where he was directly involved in the drafting and amending of the Minnesota Data Practices Act and the Open Meeting Law of that state. People in Minnesota may recognize Mr. Knaak as a regular political panelist on the Public Television Almanac program. He was also lead attorney in the United States Senate election recount in Minnesota in 2008. In addition, Mr. Knaak was recently appointed to the Criminal and Juvenile Information Policy Advisory Group.

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Speaker bio
Micheline N Fairbank

Micheline N. Fairbank

Fennemore Craig, P.C.
Micheline Fairbank

is an of counsel attorney at Fennemore Craig, P.C's Reno, Nevada office. She practices in their business litigation and natural resources groups, and has many years of experience handling a broad spectrum of civil matters, including extensive trial and appellate experience and a practice focused on water and natural resource law. Ms. Fairbank earned her B.A. degree, cum laude, from Western Colorado University and her J.D. degree from Willamette University College of Law. She is a member of Western States Water Council, Non-Tribal Federal Water Needs Subcommittee and is on the Board of Directors of Walker Basin Conservancy. Ms. Fairbank is admitted to practice law in Nevada, California and Colorado, and before the U.S. District Court, District of Nevada, the Northern, Eastern, Central and Southern districts of California, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court.

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