Data Centers, Telecom, and Technology

Overview of Services

Data Centers & Technology Facility Development

Economic Development Incentives & Tax Policy


Energy & Renewables

Sustainability & Sustainable Development 

Today’s society is dependent on data.  Electronic data traffic is fueled by growth in mobile devices, the growing adoption of cloud networking, and increased data storage needs.  This rapid growth has amplified emerging issues for data centers as well as the media, digital content, software, and technology associated with them.

Support for this digital transformation is the data center. Some would say the data center represents the sky for the cloud, and this new age networked technology requires specialized legal services that correspond to the needs of this 21st century trend. Lathrop & Gage has recognized this need  and launched the Data Center, Telecommunications and Technology initiative to assist our clients with building, developing, acquiring, operating and protecting use of the Cloud.

Our team represents relevant disciplines in economic development incentives, state and local tax policy, telecommunications, energy, sustainability, real estate development, mergers and acquisition, Internet law, employment law, intellectual property, insurance, health care and litigation, to name just a few.

Data Centers & Technology Facility Development

Attorneys in the Firm have assisted clients with various real estate issues associated with data centers and technology facilities, including negotiation of ground leases, site leases, tower leases, subleases, collocation agreements and build-to-suit agreements. Our firm also assists with governmental affairs, public policy and insurance.

Areas of experience include:

  • Land use, zoning, master planning and entitlements
  • Purchase and sale agreements
  • Campus CCRs, reciprocal easement agreements and similar documentation
  • Build-to-suit agreements for customized telecommunications call centers
  • Development and negotiation of master rooftop lease agreements
  • Tower leases, subleases and collocation agreements
  • Data center leases, subleases and service level agreements
  • Dark fiber and collocation agreements
  • Master site lease agreements with tower aggregators
  • Construction agreements, architect/engineering design agreements, construction contracts
  • Environmental and federal permitting (NEPA clearances, clean air permits, mitigation)
  • Remediation for Brownfield sites
  • Continuity of Operations (COOP) planning and implementation

Economic Development Incentives & Tax Policy

Lathrop & Gage has developed a nationwide practice in the area of economic development incentives. In the data center sector, our extensive industry knowledge allows our team to reply quickly and effectively to create strategies and tactics that have a material effect on the total cost of ownership (TCO). We are fully conversant regarding private and public funding sources and provide a full range of support services for incentive based funding.

Areas of experience include:

  • Tax abatement
  • Tax exemption
  • Tax increment financing (TIF)
  • Community development districts (CDDs)
  • Urban renewal programs
  • State and federal tax credits and monetization of each
  • Lease back financing
  • Municipal bond financing
  • Innovative use of local authority
  • Strategic incentive and local tax planning
  • Sensitivity modeling and source and use analysis
  • Project messaging and project advocacy
  • Governmental, regulatory and legislative affairs


Serving the telecommunications industry has been a major area of practice for the firm for a number of years. Numerous attorneys have significant experience handling issues for local exchange carriers (LECs), competitive local exchange carriers (CLECs), wireless providers, broadband companies, cable companies and experience with deployment of every technology currently used in the marketplace (i.e. CDMA, EVDO, GSM, EDGE, Wimax & LTE).

Areas of experience include:

  • Fiber connectivity agreements and licenses
  • Master services/service level agreements
  • IRU agreements/managed services
  • New builds & new site overlays (GSM, CDMA, Wimax)
  • Cell site power and telco hardening
  • E911 implementation
  • COW (Cell-on-Wheels) deployment

Energy & Renewables

Lathrop & Gage provides a broad range of innovative and progressive services geared towards the power needs of data centers.

Areas of experience include:

  • Creative power procurement
  • Electrical power agreements, PPAs and other related agreements
  • Co-generation and co-generation permitting
  • Distributed renewable energy
  • Solar, biomass, geothermal, fuel cells, landfill gas and wind
  • Renewable energy investment tax credits and monetization

Sustainability & Sustainable Development

Whether it is assisting with a renewable energy strategy or assisting with development of net zero opportunities for campus development, Lathrop & Gage has accumulated a distinct set of experiences around sustainability.

Areas of experience include:

  • Distributed renewable energy
  • Solar, biomass, geothermal, landfill gas, fuel cells, and wind
  • Renewable energy investment tax credits and monetization
  • Innovative water utilization programs and implementation
  • Water re-use programs, detention basins and rain gardens
  • Compensatory mitigation
  • Innovative waste heat management and implementation
  • Sustainability master planning and net zero program implementation