Greenberg Traurig, LLP

Greenberg Traurig’s Cloud Group is composed of a dedicated team of attorneys with experience advising clients in virtually every type of cloud transaction in more than 100 countries, including some of the largest data center operators and content and cloud service providers in the world. We regularly represent data center operators, cloud service providers, telecommunications carriers, content providers, investors and lenders in connection with data center acquisitions, leases and development projects, terrestrial network deals, and submarine cable consortium and private subsea cable contracts.

Our clients trust us to guide them on communications laws and regulations domestically and internationally, assisting with telecommunications regulatory compliance and licensing, cybersecurity, data protection, and privacy regulation matters. We serve as counsel in regulatory investigations and class action litigation that arises in connection with privacy and data security breaches.

We seamlessly combine core transactional capabilities with deep industry experience, identifying key risks and creatively structuring cloud transactions to help further our clients’ business objectives.

Areas of Focus:

• Data center leases and services agreements
• Data center development, design, and construction
• Terrestrial network transactions
• Submarine cable transactions
• Enterprise customer transactions
• Telecommunications and Privacy Regulation
• Cybersecurity
• M&A and financing

Data Center Transactions

• DATA CENTER LEASES AND SERVICE AGREEMENTS

Our team understands the operational concerns facing clients and is experienced in negotiating service level agreements in virtually every market. We handle the sale and purchase of data center capacity throughout the world and negotiate data center leases on behalf of wholesale and retail purchasers of cloud services, as well as leases and services agreements for edge colocation sites.

• DATA CENTER DEVELOPMENT, DESIGN AND CONSTRUCTION

We assist our clients with complex data center development projects, domestically and internationally, over the entire cycle of the development process, including land acquisition, design and construction, environmental permitting, zoning, land use, government incentives, energy procurement and tax issues.

Network Infrastructure Transactions

• TERRESTRIAL NETWORK TRANSACTIONS

We have negotiated terrestrial fiber network transactions with nearly every major network operator in the world. These transactions include dark fiber indefeasible right of use agreements, colocation services agreements, IP transit and peering agreements, equipment leasing and purchase contracts, software and platform licensing, interconnection agreements, content delivery network contracts, caching node agreements, and network security mitigation agreements.

• SUBMARINE CABLE TRANSACTIONS

Our team has diverse experience advising on subsea cable transactions. We have handled many major subsea deals, including those involving subsea cable consortia, and the financing, construction, sale, and purchase of private cable systems. We negotiate submarine cable construction and maintenance agreements, joint build agreements, cable landing station contracts, operation and maintenance agreements, system supply agreements, IRU agreements, backhaul deals, project finance and loan documents, subordination and non-disturbance agreements, and investment instruments.

Enterprise Customer Transactions

• The Cloud Group represents enterprise customers on key issues associated with the development and license of various cloud services, including using creative strategies to navigate regulatory and legal requirements in cloud-based environments. We have experience representing content providers, financial institutions, airlines, retailers, manufacturers, healthcare and pharmaceutical companies, and other enterprise customers in connection with unique requirements relating to their license of cloud service offerings, as well as data center operators, telecommunications carriers, content providers, REITs and other investors and lenders.

Telecommunications, Privacy Regulation & Cybersecurity

• Our attorneys routinely assists clients with telecommunications regulatory compliance and licensing, cybersecurity, data protection and privacy regulation domestically and internationally. Our Cybersecurity, Privacy & Crisis Management attorneys advise clients on liability mitigation strategies in the cloud computing area, including PCI compliance, cross-border data transfer rules, and special requirements governing the collection, use and transmittal of sensitive information, such as electronic medical records and financial services account information. We serve as counsel in regulatory investigations and class action litigation that in privacy and data security breaches.

M&A and Financing

• Our attorneys represent telecom, media, and technology companies in connection with mergers and acquisitions, real estate transactions, and financing arrangements, as well as private equity firms in connection with acquisitions of and investments in such companies. We also routinely advise lenders in connection with financing arrangements, and investment banks and boards regarding the fairness of such transactions.