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In this era of rapid digitalization the physical structures that facilitate the efficient transmission, storage and processing of data have increasingly critical roles to play in meeting our exponential growth in data usage. As digital infrastructure scales up, so does interest in investing into this new asset class, especially by long-term private capital investors.

Drawing from our extensive experience advising on a series of joint venture investments with long term financial investors and a range of recent landmark transactions in the last 18 months – our report highlights the key legal issues for data center investors, with a particular focus on:

  • foreign investment controls addressing issues of data sovereignty and the renewed focus on critical infrastructure
  • due diligence issues specific to data center businesses
  • data privacy and cyber security regulatory requirements
  • taxation across different jurisdictions
  • M&A considerations and complexities
  • financing structuring considerations compared to other asset classes
  • sustainability challenges for data center investors given the high levels of electricity consumption required to run a data center

The Rise of Digital Infrastructure report cover
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Author

José Antonio Morán chairs the Firm's Energy, Mining & Infrastructure Practice Group. He represents clients in numerous high-value deals, including one recognized by Thomson Project Finance International as “the largest merger and acquisition deal in Latin America.” José is ranked as a Foreign Expert for Spain in USA - Projects by Chambers USA 2017 and 2018. The Legal 500 United States also recognized him from 2011 to 2016 in the area of project finance and in prior years in the areas of corporate & finance and real estate & construction. José has been trained as a lawyer under a civil law system and a common law system. José is a lecturer at Loyola University School of Law's comparative law seminar on legal systems in the Americas, and a visiting professor at Northwestern Law School as a lecturer in the project finance class. He was the vice chair of the Banking and Financial Services committee of the International Institute for Conflict Prevention and Resolutions.

Author

Michael Kunstler is a partner in the Sydney of Baker McKenzie. He is a leading infrastructure and energy lawyer, advising governments and key industry participants on mergers and acquisitions. Michael has led a range of major trade sale transactions in Australia, the US and Europe.

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