Jeffrey Moerdler
Biography
Jeff Moerdler chairs Haynes Boone’s Data Centers and Digital Infrastructure Practice Group and is a real estate partner in the firm’s New York office. With more than 45 years of commercial real estate experience, Jeff has worked at the intersection of real estate, technology, telecommunications and energy for more than three decades. Today, most of the focus of his practice is advising clients on complex data center and digital infrastructure projects.
Jeff has been active in the data center industry since 1990, when he represented a Fortune 100 financial services company in developing its first two data centers and creating a satellite based private data network. Since then, he has advised clients across the full lifecycle of data center projects, including site acquisition and land assemblage, development and redevelopment, acquisitions and dispositions, leasing, financing, joint ventures, economic incentives, power arrangements and other critical infrastructure requirements.
His recent work includes large-scale powered land assemblages, developments and leases involving substantial acreage, facilities and power requirements ranging from tens of megawatts to hundreds of megawatts to multiple gigawatts. As access to reliable and scalable power has become one of the most important factors in data center development, Jeff works closely with clients and Haynes Boone lawyers across energy, project finance, tax, corporate and other disciplines on utility arrangements, power procurement, alternative generation and behind-the-meter solutions. He also advises on water, fiber, connectivity and other infrastructure considerations that can affect site selection, project feasibility, long-term operations and project financing and sales.
Jeff has negotiated thousands of data center leases, master services agreements, colocation agreements and service level agreements across the United States. He represents developers, operators, landlords, tenants and communications service providers in transactions involving data centers, colocation facilities and other digital infrastructure. His understanding of both the business and technical aspects of these facilities enables him to work closely with engineering, operations and business teams to be able to translate complex operational requirements into practical commercial agreements.
Jeff’s broader digital infrastructure experience includes fiber-optic transactions; distributed, neutral host and in-building wireless systems (aka DAS systems); rooftop, satellite and cellular antennas; radio, TV station and communications antenna towers; and broadband access. His work also extends to energy infrastructure matters involving solar and wind installations, battery storage facilities, utility and behind the meter power agreements and bulk power purchases.
In addition to his data center and digital infrastructure practice, Jeff has extensive experience in sophisticated commercial real estate matters. He counsels clients on acquisitions and dispositions, development, leasing, joint ventures, sale-leaseback transactions and borrower-side financing. His experience also includes real estate matters involving health care, senior living, educational and not-for-profit organizations.
Jeff is a frequent speaker on data centers, digital infrastructure, commercial real estate and telecommunications and regularly participates in industry conferences across the United States. He is a Fellow of the American College of Real Estate Lawyers since 2002 and serves on the faculty of the ACREL Advanced Commercial Leasing Institute for over 20 years. He also serves on the Advisory Board of the IMN Data Center Private Equity Dealmakers’ Forum and is regularly quoted by business, real estate and data center publications on developments affecting the industry.
Jeff has held numerous public service positions, including serving as a commissioner of the Port Authority of New York and New Jersey and as a member of the New York State Banking Board and New York State Financial Control Board. Earlier in his career, he served as a law clerk to the Honorable Charles L. Brieant of the U.S. District Court for the Southern District of New York. Jeff also serves his community as a volunteer emergency medical technician and is chief of his local service.
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- Fellow, American College of Real Estate Lawyers (ACREL)
- Faculty, ACREL Advanced Commercial Leasing Institute
- Advisory Board, IMN Data Center Private Equity Dealmakers' Forum
- Former Commissioner, Port Authority of New York and New Jersey
- Former Vice Chair, Audit Committee of the Port Authority of New York and New Jersey
- Former Vice Chair, Governance and Ethics Committee of the Port Authority of New York and New Jersey
- Former Vice Chair, Security Committee of the Port Authority of New York and New Jersey
- Former Co-Chair, Working Group on Insurance of the Port Authority of New York and New Jersey
- Former Member, Executive Committee of New York State Bar Association, Real Property Section
- Former Member, Regional Plan Association New York Committee
- Past member, New York State Financial Control Board representing President Pro Tem of the New York State Senate
- Past member, New York State Banking Board
- Past member, Departmental Disciplinary Committee of New York State Supreme Court Appellate Division First Judicial Department
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- Featured in Best Lawyers in America, Real Estate Law (2013 – 2026)
- Included on the New York Super Lawyers: Real Estate list (2006 – 2025)
- Chambers USA: New York – Real Estate, Chambers and Partners (2011 – 2019, 2025)
- Lawdragon 500 Leading Real Estate Lawyers (2025)
- Martindale-Hubbell AV Preeminent
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- "OSHA Compliance in Data Centers: How EPA’s Voluntary Wastewater Standards Could Trigger Mandatory Safety Obligations," co-author, Haynes Boone Client Alert, May 11, 2026.
- "Financing the Future: Adapting Capital Strategies for Surging Demand," Speaker, BISNOW DICE West 2025, December 3, 2025.
- “Economy/Demand Drivers: Can The Challenging Global Economic Environment Deter The Hockey Stick Growth?” Panelist, 2025 Data Centers Conference, October 28, 2025.
- "Data Center Financing and Capital Markets: Navigating a Dynamic Landscape,” Speaker, BISNOW DICE South 2025, August 5, 2025.
- "The Evolving Global Digital Infrastructure: Data Centers, AI, and the Next Wave of Connectivity,” Panelist, BISNOW National DICE Capital Markets, July 15, 2025.
- "Alternative Energy Sources and On-Site Generation: Beyond Feasibility,” Panelist, BISNOW National DICE Power Capacity, Energy and Sustainability, June 26, 2025.
- "The Evolving Canadian Data Center Market: Growth, Challenges, and the Road Ahead,” Panelist, BISNOW DICE Canada 2025, June 17, 2025.
- "Top 10 Data Center Legal Issues for Leases and MSA's That You Should Know About”, Panelist, BISNOW DICE National, May 20, 2025.
- "Southwest Data Center Surge: Trends Shaping Arizona and Nevada’s Growth in 2025," Panelist, BISNOW DICE Southwest 2025, April 1, 2025.
- "Where and How Can We Meet the Demand for Data Centers,” Speaker, Metro Connect USA, February 24, 2025.
- "Site Selection: Comparing Expensive Primary Markets, Secondary Or Edge Or Cheap/Available Power?" Panelist, MN's Inaugural Data Center Private Equity Dealmakers' Forum, February 6, 2025.
- "Top 10 Data Center Legal Issues for Leases and MSA's That You Should Know About,” Panelist, BISNOW DICE West 2024, December 3, 2024.
- "Future of Class-A Spaces: Creating Vibrant Office Cultures for Occupiers Through Technology & Amenities," Panelist, BISNOW New York Office & Workplace Conference, October 9, 2024.
- "Data Center Financing and Capital Markets: How Cost Of Capital and Industry Demand Is Changing The Game," Panelist, BISNOW DICE Midwest 2024, September 19, 2024.
- "Data Center Financing and Capital Markets: How Cost of Capital and Industry Demand Is Changing The Game," Panelist, BISNOW DICE South 2024, August 7, 2024.
- "Top Ten Data Center Legal Issues for Leases and MSA's That You Should Know About," Panelist, BISNOW DICE Capital Markets Summit 2024, July 18, 2024.
- "Data Center Power - Regulatory and Practical Considerations," Panelist, BISNOW DICE Northeast 2024, July 18, 2024.
- "State Of The Canadian Data Center Market: Trends, Opportunities And Challenges Ahead," Panelist, BISNOW DICE Canada 2024, June 18, 2024.
- "Site Selection, Permitting and Lease Negotiation: Navigating the Early Phases of Development and Where to Build Next,” Panelist, BISNOW DICE East, May 21, 2024.
- "Is AI Our Genie in a Bottle?" Panelist, ACREL's Advanced Commercial Leasing Institute, May 2, 2024.
- "State of the Southwest Market: Opportunities, Challenges and Trends in One of the Strongest Growth Markets in the Industry," Panelist, BISNOW DICE Southwest 2024, April 2024.
- "What will it take to deliver the data centre of the future today?" Panelist, Metro Connect USA, February 26, 2024.
- "Service Level Agreements (SLA’s) for Data Centers – Common and Not So Common Provisions,” Panelist, Pacific Telecommunications Council's 2024 Annual Conference, January 21, 2024.
- "The Data Center Playbook of Tomorrow: What Next Year Has In Store,” Speaker, BISNOW DICE West, November 29, 2023.
- "Understanding Tenants Demands: Future Proofing Your Workplace Through Design & Technology,” BISNOW New York Office: Problem Solving for Tenant & The Workplace, October 24, 2023.
- "What You Need To Know: Biggest Trends That While Shape The Future of The Data Center Industry,” Panelist, BISNOW DICE Midwest 2023, September 20, 2023.
- "State of the Rocky Mountain Market: Exploring the Dynamics of Denver’s Data Center Market And Surrounding Regions,” Panelist, BISNOW DICE Rockies 2023, September 13, 2023.
- "Data Center Investing and Capital Markets: How Deals Are Getting Done Today,” BISNOW DICE South 2023, August 2, 2023.
- "Making IT Rain: How Investors and Developers Are Navigating The Current Investment and Deal-Making Landscape,” BISNOW DICE Northeast 2023, July 18, 2023.
- "Edge Computing: The Current State Of The Edge In Today’s Digital Infrastructure Needs,” Panelist, BISNOW DICE East 2023, May 23, 2023.
- "State of the Atlanta and Southeast Market: The Opportunities and Challenges Ahead At The Southeast Digital Infrastructure Epicenter,” Panelist, BISNOW DICE Southeast 2023, April 19, 2023.
- "Cost Pressures, Interest Rates, Inflation: How are These Major Economic Factors Affecting the Data Center and Digital Infrastructure Industry?" Panelist, BISNOW WEST 2022, November 30, 2022.
- "Investing in the South: Are Data Centers Still a High Conviction Investment?" Panelist, BISNOW'S Dice South 2022, October 20, 2022.
- "Enhancing the Workplace Experience & Leveraging Tech: Strategies and Tools for Driving Office Tenant & Talent Retention,” Panelist, BISNOW’s Chicago Office Summit, September 29, 2022.
- "Navigating the New Normal: Maximizing Space & Anticipating Workplace Trends, Understanding Space, Technology & Amenity Needs for Tenants,” Panelist, State of Boston's Office Market: Top Developments, Understanding Supply-Demand Dynamics & Attracting Tenants Through Workplace Design, September 15, 2022.
- "State of the Canadian Data Centre Market: Activity, Trends and the Challenges Ahead,” Speaker, Dice Canada 2022: The Future Of Data Centres and Digital Infrastructure in Toronto, Montreal and Surrounding Markets, August 3, 2022.
- "State of the Market: Mid-Year Outlook on the Data Center Industry,” Speaker, DICE Northeast 2022, July 28, 2022.
- "How Are Enterprise-Class Owner/Operators Responding to Accelerating XAAS?" Panelist, BISNOW's Dice East 2022, May 25, 2022.
- “Enhancing the Workplace Experience & Leveraging Tech,” Panelist, BISNOW’s State of New York City's Office Market, May 24, 2022.
- "The State of the Data Center Market: A Big-Picture Outlook on the Growth of Greater Phoenix, the Southwest and a Sustainable Future," Panelist, DICE Southwest, May 3, 2022.
- "Smart Buildings - Really? What is Behind the Walls?" Speaker, Georgetown Law's 24th Annual Advanced Commercial Leasing Institute, April 7, 2022.
- "Macroeconomics: Analyzing the Outlook for US Real Estate," Speaker, 23rd Real Estate Private Equity Summit presented by iGlobal Forum, March 10, 2022.
- “Hyperscale Data Center Development: Exploring Tomorrow’s Landscape,” Panelist, BISNOW’s DICE West, December 9, 2021.
- "The Future of New York Real Estate,” Speaker, 2021 NYC Real Estate Expo, November 16, 2021.
- “Hyperscale Data Center Development: Exploring Tomorrow’s Landscape,” Panelist, BISNOW’s DICE East: Expansions, End User Requirements and Growth Strategy for Data Center Alley conference, November 10, 2021.
- "Navigating The Hybrid Office: Transformative Technologies,” Panelist, BISNOW's Workplace of The Future event, October 21, 2021.
- "2021 Data Center Leasing Update: Exploring Nuances of Wholesale, Retail, Managed Services and Enterprise Requirements," Panelist, DICE Dallas: How Hyperscale, Incentives and Acquisitions are Scaling the South, October 2021.
- "Data Center Expansion In Denver: How Enterprise Growth Is Driving Investment and Expansion," Panelist, DICE Denver, August 26, 2021.
- "Found Money and Customer Amenities — Ancillary Agreements for Shopping Centers," Panelist, ICSC Law Conference, October 2020.
- "Hyperscale, Hyper Speed: What Are The Underlying Factors Driving The Growth Of Hyperscale And Cloud?" Speaker, Ninth Annual CAPRE Northern California Digital Infrastructure Summit, February 25, 2020.
- “Views from the Top: Threats, Opportunities, Challenges and Success Factors for 2020,” Speaker, CapRe’s Virginia 2020 Digital Infrastructure Industry Forecast, January 30, 2020.
- "Top Ten Data Center Legal Issues for Leases ad MSA's and Variations in the Cloud,” Speaker, CapRe’s Virginia 2020 Digital Infrastructure Industry Forecast, January 30, 2020.
- “Data Center Site Selection: Entering New Markets and Strategic Expansion Through M&A and Sale-Leasebacks,” Bisnow DICE West ’19 Data Center Investment Conference, November 21, 2019.
- “The Cost of Consolidation: What are the Implications and Opportunities for the Different Players as the Industry Continues to Converge and How Will 5G Affect the Industry,” Speaker, CapRe’s Texas Data Center Summit: Cloud, Cybersecurity & the Future, November 14, 2019.
- "Leading the Curve: The State of the Data Center Market,” Speaker, BISNOW's New Jersey Data Centers Event, October 25, 2018.
- "Trending Now: Top Ten Data Center Legal Issues for Leases and MSAs,” Speaker, 5th Annual Greater New York Data Center Summit, April 2016.
- "Reading the tea leafs, tarot cards and crystal apple: Industry Leaders on Outlook for 2016,” Speaker, 2015 NYC Real Estate Expo, November 2015.
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Education
- J.D., New York University School of Law
- B.A., Politics & Urban Studies, Columbia University in the City of New York
Admissions
- New York
- Massachusetts
- District of Columbia
- Florida
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What distinguishes your data center and digital infrastructure practice?
I have been working on data center matters since 1990, so I have had the opportunity to watch the industry evolve dramatically. What began primarily as a real estate and telecommunications matter has become a highly sophisticated infrastructure business involving enormous power requirements, complex financing, advanced technology, billions of dollars and increasingly difficult site-selection decisions. That experience gives me a practical understanding of both the real estate and operational sides of these projects. Over the years, I have taken multiple telecom and technology engineering courses to understand the technology better. Today, I spend a great deal of time working with engineers, operators and business teams to understand what they need from a facility and then translate those requirements into workable commercial agreements.
What are the most important issues shaping data center development today?
Power is at the top of the list. For many major projects, particularly hyperscale and AI-driven developments, access to sufficient power can determine whether a site is viable before many of the traditional real estate considerations even come into play. But power is only one part of the equation. Developers and investors also need to think about water, fiber, transmission and utility infrastructure, permitting, financing, incentives and increasingly the response of state and local governments and surrounding communities. These issues are interconnected, which makes it important to address them early and in a coordinated way.
How is artificial intelligence changing the data center market?
AI has significantly increased both the demand for data center capacity and the scale of the infrastructure required to support it. We are seeing projects with power requirements that would have been extraordinary only a few years ago.
That growth affects virtually every aspect of a project, from land assemblage and power procurement to financing, cooling and long-term infrastructure planning. It is also accelerating interest in alternative energy solutions. When traditional utility capacity cannot be delivered in the amount or timeframe a project requires, developers are looking more closely at private generation, behind-the-meter solutions and other approaches. As AI evolves, we will continue to see growth in large multi hundred megawatt and gigawatt AI training campuses which can follow the available power, but we are also starting to see the next area of growth which is more urban and suburban AI inference sites that need to be near the user to avoid delays in communication of information. We are also seeing a resurgence in highly connected urban data centers for smaller enterprise and local users.
What makes data center leasing different from traditional commercial leasing?
A data center is a mission-critical facility, so reliability, redundancy and performance are fundamental business issues. The lease or services agreement must reflect how the facility will operate, the level of service the customer requires and how the parties allocate the risks associated with performance.
There is also no single solution that is right for every customer. A user needs to understand how critical its data and applications are, what level of redundancy it actually needs, what latency (communications delays) it can tolerate and whether a particular facility and operator is able to satisfy those needs. A major part of our role is helping clients match the contractual structure and level of service to their real business and operational requirements.
What should developers, investors and users be thinking about as the market continues to evolve?
They should be thinking beyond what a facility needs today. Power requirements, cooling technology, equipment, connectivity and customer expectations will continue to change, and these facilities require substantial long-term capital investment.
For developers and investors, that means considering scalability, reliability, access to capital and the ability to adapt a facility over time. For users, it means carefully evaluating the facility, the operator and the level of redundancy and service they actually require. The strongest projects are the ones that address those issues early and preserve enough flexibility to accommodate future change.
Moerdler in Law360: Data Center Industry Fuels Demand for Legal Talent
September 22, 2026Moerdler in Bisnow: Data Center IPO Wave Reveals a Variety of New Strategies in Booming Sector
September 14, 2026Haynes Boone Advises Provident Data Centers in Joint Venture for DFW Data Center Development
September 04, 2026