Best Data Center & Digital Infrastructure Lawyers in Los Angeles

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Arnold & Porter Kaye Scholer LLP
Los Angeles, United States

Founded in 1946
2,057 people in their team
English
At Arnold & Porter, we are client-driven and industry-focused. Our lawyers practice in more than 40 practice areas across the litigation, regulatory and transactional spectrum to help clients with complex needs stay ahead of the global market, anticipate opportunities and address issues that...
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About Data Center & Digital Infrastructure Law in Los Angeles, United States

Data centers and digital infrastructure are the backbone of today’s digital economy, supporting everything from cloud computing to financial transactions and public services. In Los Angeles, the growth of tech companies, internet service providers, and increasing demand for secure data storage and processing have led to a complex legal environment. Legal issues surrounding data centers involve compliance with regulations, real estate, zoning, environmental impacts, cybersecurity, contractual relationships, and privacy concerns. The legal landscape is shaped by federal statutes alongside state and city-specific requirements, making it essential for stakeholders to understand the unique aspects of Los Angeles law when planning, managing, or investing in data infrastructure projects.

Why You May Need a Lawyer

In the rapidly evolving digital infrastructure landscape, legal challenges are common. Individuals and companies may require legal assistance with:

  • Securing permits for constructing or expanding data centers in compliance with Los Angeles zoning ordinances.
  • Negotiating commercial leases and contracts for data center space and utility access.
  • Ensuring compliance with data privacy regulations, including California Consumer Privacy Act (CCPA) requirements.
  • Managing dispute resolution between service providers, clients, and partners.
  • Resolving environmental compliance and sustainability concerns related to large-scale power consumption and cooling requirements.
  • Responding to cybersecurity breaches or regulatory investigations.
  • Protecting intellectual property and proprietary technologies used in or by data centers.
  • Addressing employment and labor law considerations for data center staff.

Legal professionals guide clients through these and other challenges, ensuring smooth operations and minimizing potential liabilities.

Local Laws Overview

Operating data centers in Los Angeles involves compliance with a combination of federal, California state, and local municipal laws. Key aspects include:

  • Zoning and Land Use: Data centers often fall under specific zoning regulations. Los Angeles ordinances typically require permits or special use approvals for data center construction or operation in certain districts.
  • Building and Environmental Codes: The city enforces robust construction, safety, fire, and sustainability codes. Data centers must meet energy efficiency and cooling requirements, as well as obtain necessary environmental clearances.
  • Utility and Power Regulations: Data centers require significant power and water resources, subject to negotiation with Los Angeles utility providers and compliance with local resource management policies.
  • Data Privacy Laws: The CCPA and related California statutes impose strict requirements on how personal information is collected, stored, and processed. Data centers handling consumer data must implement appropriate security measures.
  • Cybersecurity Mandates: Both state and federal laws, such as the California Data Breach Notification Law, require prompt notification and mitigation actions in the event of a breach affecting California residents.
  • Contract and Liability Laws: Local laws govern enforceability of service level agreements, liability clauses, and dispute resolution processes.

Engaging with an attorney familiar with Los Angeles regulations helps navigate compliance and avoid costly violations.

Frequently Asked Questions

What is considered a data center under Los Angeles regulations?

A data center is generally defined as a facility used to house computer systems and associated components, such as telecommunications and storage systems. Local regulations may further specify definition criteria based on the facility’s size, power usage, and type of equipment installed.

Do I need special permits to build a data center in Los Angeles?

Yes, you generally need building permits, zoning approvals, and sometimes special use permits, depending on location and scale. Local environmental, fire safety, and energy regulations may also require additional clearances.

What are the major legal risks of operating a data center in Los Angeles?

Risks include non-compliance with zoning and environmental laws, data breaches, violations of privacy statutes like the CCPA, and contractual disputes with vendors or customers.

How does California law protect data privacy in data centers?

The CCPA and other statutes require businesses to implement security procedures, handle personal information responsibly, and notify affected parties in the event of a data breach.

What should be included in a data center lease or service contract?

Contracts should define service levels, uptime guarantees, physical and data security measures, insurance requirements, liability limitations, breach consequences, and termination provisions.

Are there energy efficiency requirements for data centers?

Yes. Los Angeles enforces state and local sustainability mandates, such as energy use reporting, efficiency standards, and sometimes incentives for green building practices and renewable energy use.

Can data center operators be held liable for client data breaches?

Potentially, yes. Liability often depends on contract terms and whether adequate security measures were in place. Shared liability models are common, but failure to meet legal standards can expose operators to lawsuits and regulatory penalties.

How can I resolve a dispute with a data center provider?

Dispute resolution methods may include mediation, arbitration, or litigation, as defined in your service agreement. Legal counsel can help enforce your rights and seek appropriate remedies.

What role do local utility companies play in data center development?

Utility companies provide necessary electricity and water resources, often under negotiated rates or service agreements. Compliance with resource management policies and coordination for infrastructure upgrades may be necessary.

Are there tax incentives for data centers in Los Angeles?

California offers certain tax incentives for high-technology infrastructure projects, including potential exemptions on equipment purchases or energy usage. Eligibility and application processes vary depending on project scope and public benefit factors.

Additional Resources

Those seeking more information or assistance can refer to the following resources:

  • Los Angeles Department of Building and Safety: Information on building permits, zoning, and compliance for data center construction.
  • California Energy Commission: Guidelines and incentives for energy efficiency and sustainability in digital infrastructure projects.
  • California Department of Justice - Office of Privacy Protection: Resources relating to state data privacy and breach notification laws.
  • Los Angeles Office of Finance: Information on local tax obligations and incentives.
  • Technology Councils and Industry Associations: Groups such as the Los Angeles Area Chamber of Commerce or the Data Center Coalition offer networking and advocacy.

Next Steps

If you require legal advice or representation related to data center or digital infrastructure issues in Los Angeles, consider the following steps:

  • Identify the specific nature of your legal issue, such as permitting, compliance, cybersecurity, or contract negotiation.
  • Gather relevant documents, including permits, contracts, service agreements, or any notices received from regulators or partners.
  • Consult with a qualified attorney specializing in data center, real estate, technology law, or privacy regulation in the Los Angeles area.
  • Schedule an initial meeting to assess your situation and outline an action plan.
  • Stay proactive in monitoring changes in local and state laws that may affect your business or project.

Seeking early legal guidance can help protect your investments, ensure compliance, and position your operations for long-term success in the Los Angeles digital infrastructure landscape.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.