News & Analysis as of

Data Centers

Morgan Lewis

A Practical Guide to IP Risk and Litigation in Data Center Development

Morgan Lewis on

As data centers integrate numerous advanced technologies within a single operating environment, they are becoming a natural focal point for intellectual property (IP) scrutiny, including patent disputes, with patent...more

Hogan Lovells

BIS's new enforcement guidance clarifies license requirement for exports of advanced computing items to entities outside of...

Hogan Lovells on

On May 31, 2026, the Department of Commerce, Bureau of Industry and Security ("BIS") issued enforcement guidance (the “Guidance”) clarifying that a license is still required to export, reexport, or transfer (in-country)...more

Akin Gump Strauss Hauer & Feld LLP

EU Tech Package Unveiled: How the EU Plans to Shift to Digital Sovereignty

On June 3, 2026, the European Commission released the EU Tech Sovereignty Package. Taken together, its constituent measures represent an effort to reduce reliance on US and other non-EU technology and digital services and to...more

Jenner & Block

[Ongoing Program] Session 2 — Energy for the New Data Age - June 22nd, 1:30 pm - 2:30 pm CT

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CLE Relay 2026 - The rapid expansion of AI data centers is reshaping energy markets and driving a new wave of complex legal and regulatory challenges. Jenner & Block lawyers examine the infrastructure powering the AI...more

Wilson Sonsini Goodrich & Rosati

European Commission Publishes Proposal for Act to Reduce Reliance on Foreign Cloud and AI

On June 3, 2026, the European Commission (EC) released its first draft of a proposed Cloud and AI Development Act (Proposal or CADA), marking a significant step forward in the EU’s efforts to strengthen its digital...more

Mayer Brown

Private Power as a New Real Estate Asset Class for Closed-End Funds

Mayer Brown on

For real estate investors looking to deploy capital into the data center space, power availability is now both the greatest constraint on asset value and a rapidly emerging opportunity. A closed-end fund structure with a...more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2026

Dorsey & Whitney LLP on

Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Morgan Lewis

NERC Reliability Guideline Signals Expanded Focus on Reliability Effects from Large Load Integration

Morgan Lewis on

The North American Electric Reliability Corporation (NERC) has issued a new Reliability Guideline providing a detailed framework to address reliability issues associated with rapidly growing large loads such as data centers,...more

Pillsbury - Gravel2Gavel Construction & Real...

Water Reuse Emerges as a Critical Strategy for Data Center Development

As demand for data centers continues to accelerate, water availability is emerging as a critical factor in project development and long-term operations. Although power supply and transmission access have historically...more

Brownstein Hyatt Farber Schreck

Wyoming Primaries and 2026 Election

It’s summer in Wyoming, and people across the state are gearing up for an exciting election season as candidates hit the campaign trail. This year, Wyomingites will vote on an open U.S. Senate seat, its lone congressional...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 5, 2026

Welcome to our fifth issue of 2026 of The Site Report – our construction law insights e-newsletter. During the summer months, our firm is pleased to host a talented group of law students, who get the opportunity to...more

Perkins Coie

Accelerating AI Infrastructure: What EPA’s New NSR Proposal Means for Developers

Perkins Coie on

On May 13, 2026, EPA proposed a new rule redefining what it means to “begin actual construction” under the NSR permitting program. The proposal aims to accelerate project timelines by allowing work on non-pollutant-emitting...more

Blake, Cassels & Graydon LLP

L’Ontario annonce un processus simplifié pour les grands projets du secteur de l’énergie, dont les centres de données

La Société indépendante d’exploitation du réseau d’électricité de l’Ontario (la « SIERE ») a lancé un processus de comités d’identification des grands projets (les « CIGP ») dans le but de recenser les grands projets (soit...more

Bracewell LLP

Bringing Data Centers to Brownfields

Bracewell LLP on

Brownfield sites offer built-in power, infrastructure and zoning advantages for data center siting. Redevelopment hinges on managing legacy contamination and CERCLA liability through due diligence....more

Walkers

Offshore capital and structuring at UKREiiF 2026: A more grounded view from the market

Walkers on

Members of our European Banking & Finance team, including Alex Wickens, Louise Hamilton, Camilla Hobbs and Alexandra Simpson, attended UKREiiF 2026 in Leeds. Conversations with intermediaries and lenders provided a useful...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 7, Issue 5, 2026

Welcome- Welcome to our fifth issue of 2026 of Decoded -- our technology law insights e-newsletter. During the summer months, our firm is pleased to host a talented group of law students, who get the opportunity...more

Knobbe Martens

Energy for the AI Boom: Why the Nextera–Dominion Merger Could Reshape the Race to Power Data Centers

Knobbe Martens on

NextEra Energy and Dominion Energy recently announced a merger that would combine the biggest renewable energy developer in the country with the utility company powering the largest data center market in the world, in...more

Buchalter

Emerging Risks and Opportunities in Commercial Real Estate – June 2026

Buchalter on

Recent developments across the commercial real estate (CRE) market and legal landscape highlight several trends that are likely to materially impact leasing, development, and dispute risk in the coming quarters. Set out below...more

Womble Bond Dickinson

Rising AI Use Fuels Data Center Boom - and Puts Congress on the Clock

Womble Bond Dickinson on

America has a robust appetite for Artificial Intelligence. Nearly 90 percent of U.S. companies reported using AI for some function in 2025, according to a recent McKinsey report. That’s up from a little over half in...more

Saul Ewing LLP

New Jersey’s “First in the Nation” Comprehensive Plan to Regulate Data Centers

Saul Ewing LLP on

On May 27, 2026, New Jersey Governor Mikie Sherrill announced a Comprehensive Plan to regulate data centers in an effort to protect ratepayers from increased costs associated with high electricity demands imposed by large...more

Williams Mullen

Frequently Asked Air Questions (FAAQs): Understanding Data Center Emergency Generators and Their Air Permits

Williams Mullen on

Emergency generators maintain data center operations during power outages, but their growing use has also raised concerns about air quality, energy demand and environmental impacts. The article provides an overview of how...more

Vinson & Elkins LLP

Powering Progress | Ep. 6 – Power, Scale, and Scrutiny

Vinson & Elkins LLP on

As AI and data center development accelerate, the competition for power, infrastructure, and emerging technologies is intensifying, just as regulators are taking a closer look at consolidation across these markets. In this...more

Fisher Phillips

EPA Proposes to Loosen NSR “Begin Actual Construction” Limits: What It Could Mean for Data Centers and Other Capital Projects

Fisher Phillips on

A new proposal from the US Environmental Protection Agency (EPA) would allow construction projects to conduct more site work before the New Source Review (NSR) permitting process, a change that could speed up large...more

Ropes & Gray LLP

When Power Becomes Part of the Capital Stack: Intercreditor Issues in Bring-Your-Own-Power Data Center Financings

Ropes & Gray LLP on

The rise of "bring-your-own-power" data centers and ongoing regulatory changes is creating novel intercreditor issues that may warrant a bespoke approach to data center financing documents....more

McDermott Will & Schulte

Three financing themes emerging across energy and data centers

During the 2026 ACORE Finance Forum, McDermott’s co-head of Energy & Project Finance, Ed Zaelke, moderated a panel on “Making Markets: Sources of Capital to Meet the Challenge” with Alain Halimi of Nomura, Dwayne McNicholas...more

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