Data Centers and Digital Infrastructure

The rapid growth of artificial intelligence, cloud computing and the digital economy is transforming how businesses operate—and driving unprecedented demand for data centers and digital infrastructure. Haynes Boone’s Data Centers and Digital Infrastructure Practice Group advises developers, owners, operators, tenants/end users, investors, lenders, contractors/consultants and others on the full lifecycle of data center projects, from early-stage planning and site selection through development, financing, leasing and long-term operations.

Clients turn to Haynes Boone not only for deep legal experience, but for practical, business-minded guidance grounded in decades of work at the intersection of real estate, energy and technology. Our team has negotiated thousands of data center leases, colocation agreements, master services agreements (MSA’s) and service level agreements (SLA’s) nationwide and has been active in the sector for more than 35 years, including some of the industry’s earliest data center developments.  

The two senior members of the team did their first data center transactions in 1990 representing a Fortune 100 company on the development of their first two data centers and have been active in the field ever since then.  Over the last 35 years, they have developed a deep understanding of data center and digital infrastructure technology and equipment.  They are often distinguished from other practitioners by their ability to speak with data center engineers and understand and accurately reflect those discussions in the leases, MSA’s and SLA’s. 

We understand that today’s data center projects are no longer driven by real estate alone. Power and water availability, infrastructure constraints and long-term scalability are now central to every transaction. Our integrated platform brings together real estate, energy, finance, regulatory and technology experience to help clients align site selection, power procurement, capital structure and operational needs in a rapidly evolving market.

Comprehensive Data Center Capabilities

Haynes Boone provides end-to-end legal support across the full data center ecosystem, including:

Development and Site Strategy

• • Site acquisition, land assemblage and due diligence
  • Zoning, land use, permitting and incentives
  • Powered land assemblages and build-to-suit development
  • Coordination of real estate and infrastructure planning
  • Construction contracts

Leasing and Commercial Agreements

• • Data center leases for landlords and tenants in single tenant and multi-tenant facilities and campuses
  • Master services agreements (MSA’s) and customer contracts
  • Colocation agreements
  • Service level agreements (SLA’s)
  • Ground leases, build to suit leases, net leases and complex occupancy structures

Transactions and Investment Structures

• • Acquisitions, dispositions and portfolio transactions
  • Joint ventures, platform investments and strategic partnerships
  • Sale-leasebacks and structured ownership arrangements
  • Private equity and institutional investment transactions

Financing and Project Development

• • Real estate and project finance structures
  • Construction and development financing
  • Debt and equity arrangements across single-asset and portfolio platforms
  • Alignment of financing with operational and power requirements
  • Negotiation of tax and other economic incentives

Energy and Power Infrastructure

• • Power purchase agreements (PPA's) and energy services agreements (ESA's)
  • Utility interconnection and transmission matters
  • On-site generation, microgrids, BESS and alternative or “behind the meter” energy solutions
  • Regulatory compliance involving federal and state energy authorities

Operational, Regulatory and Ongoing Support

• • Operational agreements and vendor contracts
  • Regulatory, environmental and compliance matters
  • Telecommunications, fiber and connectivity agreements
  • Dispute resolution and litigation support when needed

Integrated Real Estate, Energy and Infrastructure Experience

Haynes Boone brings together the disciplines that matter most in data center development.

Our real estate platform works seamlessly with our energy, power and project finance teams to address the defining challenge in today’s market: securing reliable, scalable power. As demand accelerates alongside AI and digital transformation, power procurement, interconnection and regulatory considerations are often the critical path for development.

We advise clients on structuring transactions that account for long-term power needs, evolving regulatory frameworks and financing requirements—whether through traditional utility arrangements, long-term PPAs, behind-the-meter generation or hybrid energy solutions.

Our deep experience also encompasses securing and navigating water rights and regulations and addressing mineral rights issues which have become increasing gating issues for large scale data center development projects.

Experience in a Rapidly Evolving Market

Haynes Boone represents major companies across the technology, telecommunications, financial services, health care, energy and infrastructure sectors. Our team has handled complex transactions across the United States, including several of the largest data center and carrier leases in the country, and around the world.

We regularly represent developers, operators, investors and enterprise users in transactions involving hyperscale data centers, colocation facilities and digital infrastructure platforms. Our experience spans projects ranging from single-site developments to multi-campus, multi-megawatt deployments requiring sophisticated coordination of real estate, energy and financing considerations.

Digital Infrastructure Beyond Data Centers

Our capabilities extend across the broader digital infrastructure landscape, including telecommunications and connectivity assets that support modern data ecosystems. We advise on:

• • Wireless and in-building systems, including DAS and 5G deployment
  • Tower, rooftop and antenna leasing
  • Communications infrastructure development, acquisition and financing
  • Fiber-optic and network infrastructure agreements
  • Cloud computing and software as a service agreements (SaaS)
  • Technology, software and related agreements
  • Data privacy, cybersecurity, data sovereignty, HIPAA and related issues

This broader perspective allows us to support clients across the full spectrum of digital infrastructure assets and technologies.

Why Haynes Boone

Clients choose Haynes Boone because we combine deep sector experience with a practical, collaborative approach:

• • Proven experience: Decades of involvement in data center and digital infrastructure transactions, including early industry developments
  • Integrated platform: Seamless collaboration across real estate, energy, finance, regulatory and technology practices
  • Market insight: A forward-looking understanding of how AI, power constraints and infrastructure demands are reshaping the industry
  • Commercial focus: Clear, business-oriented advice tailored to each client’s objectives
  • Strategic positioning: Strong presence in Texas and other active data center development markets

Above all, we are problem-solvers. We help clients navigate complexity, structure innovative solutions and execute transactions that position their businesses for long-term success in a fast-moving and increasingly competitive market.