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Data Centers

Stock image of servers, data bank

As demand for faster, more reliable data has risen exponentially, end users and the vendors that serve them are facing a common challenge:  too many hubs and not enough spokes.  Centralized data centers have driven the rapid development and adoption of cloud computing, streaming services and wearable technologies, and addressed a range of disaster-recovery and information-storage requirements.  Now, however, their concentration in a relatively few locations has led to unique data-security risks and increased latencies (the time gap between a user's demand for raw or processed data and the moment such data is received).

At Shipman, we understand that wherever there is a challenge, there is also an opportunity. For organizations and businesses of every size and across the data creation, storage, management and usage lifecycle, edge computing and edge data centers (EDCs) offer a revolutionary and often highly profitable solution.

Our data centers team brings together the cross-disciplinary legal resources and experience needed to help property owners, investors and entrepreneurs at every step. We work with clients to clarify their business needs and objectives, identify real estate assets ideal for adaptive reuse as EDCs, and take advantage of a range of tax and economic-development incentives designed to expand the use of green energy, revitalize communities, and minimize financial and environmental risks.

We advise clients in the following areas, among others:

  • Real estate, including adaptive reuse, site selection and zoning, acquisitions, sales and leases, and construction issues
  • Environmental, including fuel storage and related permitting, environmental insurance, guaranteed fixed price remediation (GFPR) contracts and incident responses
  • Energy, including clean energy and renewable fuels, LEED and other high-performance building standards and sustainability codes, and power-plant decommissionings
  • Corporate law, including vendor contracts, joint ventures, and private equity and venture capital investments
  • Data privacy and protection, including risk management and data governance, breach preparedness, response and notifications, and compliance with state, federal and international laws and regulations
  • Tax, including opportunity zone, brownfield rehabilitation, and other economic development credits and programs such as those administered by the Connecticut Department of Economic and Community Development (DECD) and Connecticut Innovations Inc. (CII)

We represent leading companies in the healthcare, banking and financial services, distribution and fulfillment, manufacturing, retail, telecommunications, technology and other data-intensive industries. Our lawyers and firm have the individual and institutional experience to help clients maximize the potential of EDCs and revolutionize the way organizations across the northeastern United States process and analyze data. Likewise, our affiliation with Interlaw further expands our ability to serve clients with interests, investments and operations worldwide.

Related Practices

  • Real Estate
  • Environmental
  • Business and Corporate
  • Tax

Related Industries

  • Healthcare
  • Banking and Financial Services
  • Manufacturing

Experience

Business & finance

Represented U.S. data center company in equity and debt financings to support infrastructure expansion

Represented U.S. data center holding company, as issuer and borrower, in $33M preferred stock and $200M debt financings, in furtherance of the build-out and improvement of several U.S. data centers, and related closing of master colocation agreement with strategic operator.

Growth Capital Financing

Represented a leading provider of cloud, connectivity and data center services for enterprise, carrier and content customers, in the refinancing of its existing debt and its securing of additional debt financing commitments from a group of lenders, in furtherance of the client’s growth initiatives.

Commercial contracts

Representation of National Hybrid Data Center/Cloud Computing Company

Responsible for drafting forms of master services agreements and service orders in support of national hybrid data center/cloud computing solutions company’s broad product/services suite, including integrating customer agreements and product/service descriptions of acquired businesses into the company’s portfolio. 

Mergers, acquisitions & joint ventures

Representation of Private Investment Firm in $13.5M Data Center Sale

Chirisa Capital Management
Shipman’s Data Center practice represented Chirisa Capital Management, a global private investment firm, in the $13.5 sale of a triple net leased data center located in the Denver metropolitan area. Prior to this sale, we provided representation to Chirisa in net leasing the property to the data center operator. The 15-year leased asset was sold to Greenwich-based Strategic Capital Fund Management division Strategic Data Center Fund Manager, LLC.

Recapitalization

Represented selling members, including founders, and target company, a national provider of hybrid data center solutions, in the sale of controlling equity interest to a financial investor, including negotiation of rollover equity and executive employment agreements.

Acquisition of National Colocation, Network and Cloud Services Provider

Represented a leading national provider of network-centric colocation and other Infrastructure-as-a-Service (IaaS) solutions, in its acquisition of a national provider of tailored colocation, network and cloud services to large and mid-size enterprises, thereby solidifying the client buyer’s position as one of the largest, privately held IaaS providers in the Eastern U.S.  The representation included the negotiation of executive employment agreements with target’s management team.

Acquisition of U.S. Data Centers

Represented privately-held, EU-based investment firm in its acquisition, through a U.S. operating subsidiary, of data centers on the West Coast of the U.S.
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General

Representation of Multiple National Owners and Operators of Data Centers

Represent national owner/operators in the acquisition, master leasing, financing, sale, management and/or operation of data centers, colocation facilities and technology parks, throughout the United States.

Insights

Publications

November 11, 2022

Edge Data Centers: Opportunities for Northeast Real Estate

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May 17, 2021

Incentives for Qualified Data Centers to Locate in the State

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News

December 17, 2021

Shipman Announces Launch of Data Center Practice Group as Investors Rapidly Repurpose Northeast Real Estate into Central and Edge Data Centers

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August 9, 2021

Lisa Zana Quoted in Bisnow Article, "'Where The Power Is': Data Center Developers Charge Toward Brownfields"

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Primary Contacts

Lisa M. Zana

Partner

203.324.8171

lzana@goodwin.com
Marc R. Esterman bio photo
Marc R. Esterman

Counsel

203.324.8150

mesterman@goodwin.com
 Nikolas D. Kittredge
Nikolas D. Kittredge

Associate

860.251.5015

nkittredge@goodwin.com
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