Data Centers

News & Analysis as of

Final Regulations Clarify the Definition of “Real Property” Under the REIT Rules

On August 31, 2016, the Treasury Department published final regulations (the “Final Regulations”) clarifying the definition of “real property” under the real estate investment trust (“REIT”) rules. The Final Regulations...more

In the Matter of Microsoft: Why It Matters

On July 14, 2016, the Second Circuit released its decision in Microsoft Corp. v. United States, No. 14-2985, slip op. (2d Cir. July 14, 2016). The Second Circuit rejected the Government’s efforts to require Microsoft to turn...more

Decentralized Storage – File Storage for the Future?

Decentralized cloud storage programs, smart contracts, and the shared economy– will they combine to be a mainstream method of storage method of the future? A number of companies are working to make it a reality. One, Sia...more

Sustainable Development Update - July 2016

Sustainable Development Focus - What does the future hold for green bonds and solar investment? - PV-Tech - Jul 5 - Green bonds first appeared in the market in 2007, with initial issuance from development...more

Real Estate Gazette: Focus on development, planning and infrastructure Issue 24

A very warm welcome to Issue 24 of DLA Piper’s Real Estate Gazette, in which we focus on a significant part of our real estate practice: development, planning and infrastructure. One of the most fascinating aspects of...more

Data Security: You Must Know Where the Data Is Located Before You Can Secure It

It is commonplace to turn on the television news and hear of a new data breach from a large retailer or someone else. No one wants the legal problems (not to mention the embarrassment and the hit to reputation) from having...more

Tax Breaks for Data Centers: The Numbers Might Be Cloudy

States are competing aggressively to attract data centers with various tax incentives. Data center companies and their business customers are taking them up on their offers. But are these incentives really a good deal for the...more

Data Center Development Quarterly Report–Q3

Key Findings - Approximately 65% of American adults currently own a smartphone and the cloud technology that services them has joined demand from the financial, technology, social media and healthcare sectors to drive up...more

Beyond the Clouds: Important Sales Tax Considerations for Web-Hosting Providers and Co-Location Facilities

Most people’s understanding of the Internet extends about as far as their eyes can see. In other words, they know that if they type a few words into the little white box beneath the colorful Google logo, within a fraction of...more

Trans-Pacific Partnership Agreement Features Key Developments in Intellectual Property and Information Technology

On October 5, the 12 Trans-Pacific Partnership (“TPP”) countries announced that they had resolved all remaining issues and reached a final agreement on the long-anticipated regional free-trade agreement. As King & Spalding...more

The Russian Data Protection Authority, Roskomnadzor, Enforces New Russian Data Localization Law

On September 9, 2015, the Federal Service for Supervision of Communications, Information Technology and Mass Communications (the “Roskomnadzor”) reported on its website that it blocked an extensive online database of more...more

NC Legislative Update for September 2015 #3

This Week - After passing the State’s biennial budget into law last week, the legislature turned its focus towards adjournment. The Senate unveiled an adjournment resolution which would adjourn the session on Tuesday,...more

Renewable Energy Update - September 2015 #4

Renewable Energy Focus - Data center giant Equinix taps SunEdison to solar power its California operations: PV Magazine - Sep 23: Equinix, the largest data center service provider in the world, has signed a five-year...more

DHS Awards Grant for Research In New Potential Target Area for Cyber-attacks

On September 2, 2015, the University of Delaware announced that Professor Haining Wang had received a three-year, $2 million grant from the Department of Homeland Security (“DHS”) to investigate energy and power safety in...more

Five Drivers of E-Discovery in the APAC Region

In last week’s blog, we discussed developing trends in e-discovery law in the Asia-Pacific region. This week, we explore five trends that will continue to spur the growth of e-discovery in this region over the next few years....more

Russian Government Considering Delaying Data Localization Law

A controversial data localization law in Russia that would require businesses to perform data storage and processing with servers located on Russian soil is set to go into effect on September 1, 2015, after an amendment...more

Washington State Tax Update

The Washington Legislature released the state budget for the 2015-2017 biennium, which enhanced the state’s nexus standard, eliminated certain tax exemptions, extended some tax preferences, and made other tax changes:...more

Is Hosting Microsoft Products via Third Parties a Good Option?

Scott & Scott, LLP attorney, Christopher Barnett,, helps you answer whether hosting Microsoft products through third parties is a good option for your company....more

Missouri Passes Data Center Incentive Legislation

Missouri recently joined the growing number of states that have created incentives for the construction or expansion of data center facilities. The new law, signed on April 9, 2015, provides exemptions from various state and...more

IT Services with Chinese Characteristics

The "Amazon of China" is following Amazon's playbook yet again with their investment in the cloud. Aliyun, Alibaba's technology arm, already operates five Chinese data centers supporting 1.4 million customers. They cite high...more

Data centres: The linchpins of the new digital economy

Data centres are the unseen yet integral part of the digital infrastructure of today’s global cities. The market in the specialist provision of data centres around the world is growing dramatically—and it shows no signs of...more

Data Center Contracts: Privacy and Security Terms

A sometimes overlooked but potentially significant liability exposure for any company that uses the “cloud” to remotely store, process or distribute data is the service provider contract between the company user and its data...more

Brazil revises law on tax treatment of cross-border payments for data centers located abroad

Newly published Brazilian Interpretative Act (Ato Declaratório Interpretativo) N. 7/2014 expresses the Brazilian IRS’s view regarding the tax treatment applicable to cross-border payments for the use of data centers located...more

Foreign Data Center Subject to Reach of U.S. Government

Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more

Microsoft Ordered to Hand Over Data to the U.S. Government

In April, Microsoft tried to quash a search warrant from law enforcement agents in the United States (U.S.) that asked the technology company to produce the contents of one of its customer’s emails stored on a server located...more

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