Data Centers & Digital Infrastructure
End‑to‑End Advice Spanning the Data Center Ecosystem
Akin serves as a leading, comprehensive advisor to the data center & digital infrastructure sectors, providing counsel to investors, funders, developers, constructors, operators, deployers, energy & power suppliers and other service providers.
The demand for data centers has never been greater, as the exponential growth of artificial intelligence (AI), cloud deployments, bitcoin mining and AI-driven compute workloads, including hyperscale computing, continues to drive the digital infrastructure sector. Our firm is at the forefront of representing clients across the lifecycle of domestic and international data center developments, disputes, project financing, investments, transactions, construction and operations, as well as AI-optimized and high-density facilities.
What Sets Akin Apart
Full Spectrum of Matters Across the Data Center Landscape
In addition to working with many of the market’s most active data center developers, providers and investors, Akin brings an informed expertise with respect to the rapidly evolving issues transforming data centers, positioning our firm to provide comprehensive, strategic counsel to clients.
Our integrated team represents a broad array of clients in the data center & digital infrastructure ecosystem, including premier technology companies, hyperscale and cloud service providers, AI innovators, infrastructure providers, multinational telecommunications and energy corporations and other data center developers, operators and service providers. We also represent prominent investment funds, family offices, lenders, private equity sponsors, private capital investors and real estate investment trusts (REITs) in the purchase, sale, development, leasing and financing of data centers & digital infrastructure assets globally.
Akin’s cross-spectrum capabilities ensure that clients have comprehensive support for any issues that arise, from capital solutions, projects & energy transition, financing and power procurement, to regulatory compliance.
Services In-Depth
Data Center & Digital Infrastructure Development
Akin advises on all aspects of data center development and operations, including the design, engineering, construction, management and leasing of data centers and co-location of energy, power and other facilities. Our team has led the negotiation and execution of dozens of data center buildouts and leases with the world’s largest hyperscale data center tenants both domestically and internationally.
We routinely support clients throughout the lifecycle of data center development projects, including land acquisition, regulatory due diligence, negotiation and drafting of key project agreements (including data center lease agreements, engineering, procurement & construction (EPC) agreements, joint ventures, energy- and power-related agreements and operational management agreements) and the ultimate disposition of the fully developed data center facility.
Akin advises on all facets of domestic and international digital infrastructure development, including municipal projects such as smart cities.
Data Center & Digital Infrastructure Financing
Akin provides comprehensive advice on domestic and international data center project financing. Our team has facilitated the financing, development, acquisition & disposition of more than 50 data centers, including groundbreaking financing offerings that established foundational risk allocation principles in the sector.
Akin is currently advising on a diverse range of data center project financings, from assisting on greenfield build-to-suit developments for single-asset companies and brownfield acquisitions and expansions, to complex portfolio financing. We have seen firsthand how the market has evolved alongside the expectations of hyperscalers. We have deep insight into the financings that underpin these critical assets, including corporate, project, construction and acquisition finance.
Akin provides end-to-end tax guidance on data center investments and projects. We design bespoke acquisition, joint venture and holding structures that address the needs of sponsors, operators and tax-exempt, sovereign and non-U.S. investors, with a focus on minimizing tax leakage and optimizing after-tax returns. Our team identifies available tax incentives, including investment tax credits, and develops innovative strategies to minimize tax liability.
In addition, we work with clients to ensure that financing and ownership structure satisfy export controls and national security regimes. We proactively address these issues in support of our clients and to minimize compliance concerns down the road.
Asset-Based Financing
Akin advises sponsors, originators, lenders and investors on securitizations, structured private financing and hybrid capital investments backed by data center & digital infrastructure assets, including leases, GPUs and other equipment.
Our experience includes asset-based financing supported by co-location revenues, hyperscale contracts, leasing arrangements and equipment cash flows, with a focus on bankruptcy, UCC considerations, intercreditor dynamics and regulatory requirements. Drawing on deep experience across structured, project and leveraged finance, Akin structures and negotiates asset solutions that support scalable, capital efficient platforms aligned with evolving AI demand and investor expectations.
Energy & Power
Akin advises clients on the full spectrum of energy- and power-related issues arising in connection with data center development and operations.
Our team has deep experience structuring, negotiating and executing energy & power supply arrangements to support data center operations, including natural gas purchase and sale agreements, natural gas pipeline construction, operation and transportation agreements, utility service agreements, grid connected and behind-the-meter power purchase agreements (PPAs), line extension agreements, renewable energy credit (REC) agreements and participation in wholesale electricity markets.
We regularly work with data center developers, tenants, utilities, natural gas producers, marketers and transporters, and generation developers on structuring cost-effective and reliable energy supply solutions across a range of regulated and deregulated markets.
We routinely support clients in navigating regulatory, commercial and technical complexities associated with delivering energy & power to data centers, including pipeline and transmission & distribution (T&D) interconnection arrangements, pipeline safety, rights-of-way and tariff matters, co-location issues, grid reliability considerations, and compliance with emissions and sustainability requirements. From project inception through long-term operations, we partner with clients to ensure reliable energy & power solutions for their data center assets.
Intellectual Property
We help clients protect existing IP, including patents, trademarks, copyright & media and trade secrets. In addition, we assess potential IP infringement (both offensive and defensive), help secure robust IP ownership and licensing clauses and appropriate liability provisions, and we provide comprehensive litigation services from trial court through appeal.
We have litigated hundreds of complex patent cases in federal district courts throughout the country and before the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB), as well as appeals to the Federal Circuit. Our team also has a wealth of experience handling inter partes reviews (IPRs) on behalf of patent owners as well as petitioners.
Our IP group has extensive experience in handling all manner of domestic and cross-border transactions, including mergers, involving the creation, use, licensing and transfer of technology and IP.
Key Regulatory Considerations
Akin provides advice and counseling across regulatory schema. On the energy regulatory front, our team regularly advises clients on federal and state requirements applicable to large load interconnections and co-location arrangements. We represent clients in negotiations with applicable transmission providers, including RTOs/ISOs, to remove barriers to the interconnection of their load and generation resources serving their demand. We assist clients with ensuring that their co-location arrangements comply with applicable state and federal regulations.
Our team leads the way in advising on the laws and regulations pertaining to export controls, economic sanctions, national security reviews of foreign direct investments, information & communications technology (ICTS) and services authorities. Our tremendously deep bench sets us apart among the handful of firms qualified to address high-stakes Committee on Foreign Investment in the United States (CFIUS) matters and other international trade issues impacting data center clients.
Akin’s international trade lawyers have significant experience in helping clients apply for and receive the necessary export control licenses to ship advanced computing and other items to data centers. Our team has successfully guided clients through every stage of the export control license process to obtain export licenses for the supply of advanced computing items to populate the data centers. We frequently interface with the regulators and assist clients in managing and ensuring compliance with license conditions. Further, we design and implement compliance programs necessary to ensure export compliance.
We advise clients on maintaining secure, cutting-edge data facilities and navigating complex regulatory matters related to data migration and data center facility operations. Akin’s extensive energy & infrastructure and regulatory capabilities seamlessly align with data center clients as the proliferation of data center development has dramatically increased energy & power consumption, creating considerable focus on environmental, sustainability, projects & energy transition, traditional & renewable energy-based power and green finance issues.
Our environment & natural resources team advises data center developers, owners, investors and operators on the full range of environmental and permitting considerations that arise throughout the project lifecycle. Our lawyers counsel and defend clients on complex federal and state permitting requirements, sustainability and compliance obligations relating to air emissions, water use and discharges, wetlands and other natural resources, waste management and noise.
We regularly conduct environmental and permitting due diligence in connection with project development & financing, acquisitions & dispositions and other transactions. We also help clients identify, allocate and manage regulatory and environmental risks to support timely development, operational certainty and long-term asset value.
On the cybersecurity, privacy & data protection front, we assist clients in meeting the extensive technical, operational and compliance requirements to ensure data security, developing strategies for confronting the complex web of federal, state and international regulations and frameworks—amidst ever-changing technical progress.
Notably, we serve as regulatory counsel to the marquee names in telecom, media & technology (TMT), including some of the world’s largest telecommunications companies. Our experience extends to all aspects of data centers, cloud computing, and other broadband networks, delivering practical risk-aligned counsel to protect data and ensure operational continuity. We provide strategic advice on licensing, rulemaking, auctions, compliance and enforcement matters for fiber, wireless, wireline, satellite, broadcast, cable, IoT (internet of things), device, semiconductor, autonomous systems and other TMT companies.
In addition, our experience and capabilities in handling multifaceted and interdisciplinary emerging technology issues (including semiconductors, AI, cloud computing & data storage and global supply chains) position us to represent the full spectrum of data center clients in an increasingly compute-intensive landscape.
Assisting Data Center & Digital Infrastructure Clients in Lobbying & Public Policy
Our bipartisan lobbying & public policy lawyers and advisors assist data center clients in developing government relations strategies that meet our clients’ policy and regulatory goals. We engage in policy work on behalf of a wide range of companies, industries and associations in the data center sector. Our lobbyists and policy advisors employ effective strategies and tools to influence decision-making in Washington, including bringing together coalitions of like-minded companies to jointly advocate on a given issue.
From advising on international trade and export controls policy to cybersecurity, governance and regulatory compliance, we help position our clients for success in business and on Capitol Hill. Akin paves the way for common-sense energy & infrastructure and grid reliability policies that ensure access to reliable, affordable electricity, cloud computing and quality data.
We work to strengthen our clients’ positions by bringing together other aligned stakeholders, including other data center developers, labor groups, trade associations, local chambers of commerce, and utilities and energy companies.
