Snell & Wilmer L.L.P.

  • Established in 1938
  • Firm Size 480
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Data Centers

Client and Industry Challenges

Data centers have become central to today’s business infrastructure, as reliance on networked technology affects information retrieval and sharing in virtually every facet of commerce and society. Simply put, “data is big business.”

Data center characteristics and challenges comprise a unique category of real estate. Their 24/7, 365-day operational nature requires continuous, safe, secure access to vast amounts of power, equipment cooling systems and broad data bandwidth. User expectations also place special pressure on data centers to deliver round-the-clock service while protecting the data privacy of thousands and often millions of users.

As the amount of information grows and explodes via websites, social networks, and over smartphones and laptops, organizations face increasingly complicated financial management, regulatory and compliance requirements. In addition, the advent of cloud computing means that data centers offering this service are rapidly evolving to become mass scale computing environments.

What does all of this mean from the standpoint of legal guidance and counsel? To properly meet the unique challenges of this special business infrastructure, legal professionals involved must have a deep understanding of the myriad of issues affecting data centers. Snell & Wilmer meets that test. We work seamlessly across practice lines to develop legal teams equipped to advise and represent all parties who touch or are impacted by data centers.

Areas of Service

Acquiring, Establishing, Securing and Operating Data Centers

  • Site acquisition and due diligence (zoning, underlying leases and encumbrances, permitting, environmental, fiber optic availability, power cost, etc.)
  • Power and cooling supply, capacity, backup and redundancy
  • Data servers, racks and equipment ownership, access and removal rights
  • Expansion/contraction/modular flexibility
  • User Rental and Service Agreements
  • Options to extend and terminate
  • Indemnities, waivers, warranties, cost containment and other contractual matters
  • Tier level options
  • Green grid efficiency

Data Privacy and Security

  • Preparation of privacy, data security, confidentiality and other policies and procedures
  • Data breach prevention and notification
  • Facilitation of transfer of private information, including U.S./EU Safe Harbor
  • Preparation and analysis of contracts regarding data storage, processing and cloud computing
  • Compliance with applicable regulatory requirements regarding processing and storage of personal data, including U.S. and EU laws
  • Analysis of impact of proposed changes in regulatory and legal systems impacting data collection, processing and storage

Data Center Financial, Regulatory, Risk and Tax Management

  • Finance
  • Insurance
  • Governmental compliance
  • Taxation (e.g., rent taxes, personal and real property taxes, construction contracting privilege taxes)

Compliance and Government Investigations

  • Developing and monitoring compliance programs
  • Responding to grand jury subpoenas, civil investigative demands and other governmental subpoenas
  • Interfacing with criminal investigators

Risk Avoidance and Management, Litigation and Alternative Dispute Resolution

  • Investigation, evaluation, negotiation, mediation, arbitration and litigation of disputes involving design, construction, operation and performance of data center infrastructure, utilities and equipment
  • Coordination with forensic and remediation designers/contractors to remedy deficient or nonperforming facility infrastructure, utilities and equipment

Clients We Serve

We advise and represent all those who impact and are impacted by data center infrastructure, including developers, investors, lenders, owners, tenants, users, contractors, engineers and consultants.

Why Clients Select Us

Specialized Knowledge: We understand the unique and evolving nature of data centers due in part to our experience in all related legal specialties. For example, we have for many years been a strong force in the areas of real estate and information technology law. As a result, we are armed to anticipate legal exposures and opportunities at each point in the data center decision-making and operational processes.

Focused and Flexible: Because we are a full-service law firm with deep experience in all areas affecting data center legal issues, a team of attorneys and support staff can be easily and quickly assembled to meet the client-specific needs of large-scale data center projects, including emergency situations and crisis management. Our ability to provide fast, specialized service can result in a competitive advantage for our clients.

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Peer Reviews

4.8/5.0 (720 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Review for Mr. Robert Feinberg by a Judge on 05/03/13 in Civil Litigation

    Mr. Feinberg was in the public sector when he joined my firm in the early to mid 1990s. I was very impressed with him then and, when I left private practice to take the bench, I know that he continued to have an excellent reputation working at his pr... Read more

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  • 5.0/5.0 Review for Nathan Davis by a Managing Partner on 04/15/13 in Civil Litigation

    This is one of the best and most honest lawyers I have opposed in many years. He has talent beyond his years.

Peer reviews submitted prior to 2008 are not displayed.

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Diversity

Snell & Wilmer has a deep and longstanding commitment to developing, maintaining and fostering an inclusive and accepting environment rich in diversity. By hiring and retaining a diverse group of attorneys whose collective talents and creativity are drawn from a broad cross-section of backgrounds and outlooks, we enhance our ability to offer superior legal services to our clients.

To boost our efforts, Snell & Wilmer’s Attorney Development, Hiring, and Diversity Committees will ensure that the firm continues to value and promote diversity through focused hiring, development and community efforts.

Commitment to Students

Snell & Wilmer believes that its efforts to reach out to students at every level will increase diversity within the legal profession. Snell & Wilmer is committed to fostering relationships with students.

In our Phoenix, Tucson, Las Vegas, Salt Lake City, and Denver offices, Snell & Wilmer hires diverse law students as interns in connection with the firm’s support of area law schools’ diversity legal writing programs. Current diverse attorneys are involved with the selection of the students and in the administration of the program. The intern is assigned several written projects and receives feedback from assigning attorneys. The intern also is paired with mentors at the firm who coordinate social meetings with partners from various practice groups throughout the internship to assist in developing the intern’s understanding and exposure to various types of legal work. Interns also have opportunities to attend hearings, depositions, and meet clients.

For the past several years, Snell & Wilmer has led the efforts in Arizona for the American Bar Association Section of Litigation’s Judicial Internship Opportunity Program. This nationwide program enables diverse and economically-disadvantaged second-year law students to obtain a judicial internship during one summer. A large component of the program includes mentoring and administrative efforts to offer social activities throughout the summer. Snell & Wilmer attorneys participate in this program as mentors, as social programming coordinators, and as the lead contacts for questions from the Phoenix students.

As part of its focus on encouraging diverse students to pursue legal careers, Snell & Wilmer’s attorneys engage in multiple in-person activities with high school and elementary students. For example, Snell & Wilmer hosts high school students interested in a legal career and their families for a reception and tour of the firm. Additionally, attorneys attend career fairs at local high schools that have a major concentration of ethnically diverse students in an effort to encourage interest in a legal career. Snell & Wilmer also has partnered with a Phoenix elementary school to provide math and reading tutors and to invite the students for a day at the office.

Several attorneys also participate in the MentoRing program in association with the Hispanic National Bar Association and the Arizona State University Sandra Day O’Conner College of Law. The MentoRing program partners minority undergraduate and law students with practicing attorneys in an effort to provide multi-layered mentoring.

Snell & Wilmer’s Diversity Committee is working to establish and implement the Snell & Wilmer Pre-Law Program targeted at diverse undergraduate students. In 2009, the Diversity Committee implemented the LSAT Scholarship component of the Pre-Law Program and awarded three scholarships to diverse students to attend an LSAT preparation course of their choosing. The Diversity Committee looks forward to growing this program in 2010.

Commitment to Community

As a corporate member of the Diversity Leadership Alliance ("DLA"), Snell & Wilmer participates in promoting and furthering diversity in the work place by exchanging ideas regarding diversity initiatives with other businesses. Membership in DLA allows Snell & Wilmer to participate in monthly seminars focused on diversity topics.

Snell & Wilmer is also a signatory to the Colorado Pledge to Diversity. In 1993, as a result of the collaborative efforts of twenty-three Denver law firms, a plan was launched to significantly increase the number of racially and ethnically diverse attorneys recruited, hired and promoted by law firms in Colorado. These law firms signed a Pledge to Racial and Ethnic Diversity in Colorado Law Firms and meet regularly to determine the means in which to achieve the goals set forth in the pledge. Some programs and activities have been: (1) hiring a first-year diverse law student as a summer intern; (2) co-sponsorship of annual Diversity in the Work Place Reception; (3) award of four book scholarships to local diverse law students; and (4) sponsorship of the annual Rocky Mountain Minority Legal Career Fair.

Snell & Wilmer attorneys personally involve themselves with organizations dedicated to diversity, including Women Lawyers groups, Minority Bar Associations, and Human Rights groups dedicated to the LGBT community. Additionally, attorneys are actively involved with area volunteer lawyer groups and organizations that address legal issues affecting minorities and under-represented groups, including the Judicial Council Task Force on Racial and Ethnic Fairness in the Criminal and Juvenile System.

Commitment to Professional Development

All associate attorneys are provided with a Coach (mentor) to guide them through all stages of their associate careers - from first-year challenges to partnership consideration. Coaches are provided materials designed to support them in their role. Coaches are expected to check-in with associates on a regular basis and engage in discussions with the associate concerning firm culture and the practice of law. Coaches also are responsible for fostering connections with other partners throughout the firm and various practice groups. The firm encourages informal mentoring among its attorneys and promotes various social events, both firm-wide and practice group-specific, to develop and strengthen interpersonal relationships and relationships with families. Additionally, the Attorney Development Manager checks-in with attorneys to assess the firm’s efforts of inclusion and whether changes to the mentoring relationship are necessary.

Named for Snell & Wilmer’s first woman partner, the Mary Leader Women in Leadership Program aims to promote women inside and outside of the firm through events in each of our offices. Examples of past events include afternoon lunches, a spa day, networking events with clients, golf clinics, and an annual holiday party.

Commitment to Family

Snell & Wilmer is committed to providing our attorneys with a meaningful opportunity to balance professional and personal demands. The firm offers 12 weeks of paid maternity and paternity leave to attorneys for the birth or adoption of a child. The firm recognizes that, at times, attorneys may have family obligations or personal needs that may merit either adjusting or reducing their work schedules. As a result, the firm considers alternative work arrangements on a case-by-case basis. The consideration of proposals will take into account the needs of the attorney, the practice group, the firm, and our clients.

Domestic Partner Benefits are provided to same-sex couples of both attorneys and staff.

Additional Information

For additional information about Snell & Wilmer’s diversity programs, initiatives and efforts, please contact the Chairperson of Snell & Wilmer’s Diversity Committee, Monica Limón-Wynn.

 

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