Infrastructure, Energy and Real Estate

Cooley’s infrastructure, energy and real estate platform advises developers, operators, investors and technology companies across the full life cycle of complex real assets and energy-intensive infrastructure – from site selection, permitting and tax incentives through construction, power procurement, capital raising and structuring, and leasing and operations – as well as financings, joint ventures, strategic transactions and exits. Our clients build, finance, acquire and operate the infrastructure that powers the modern economy. Our practice spans the transactions defining this market cycle: renewable energy and storage development, data center and digital infrastructure, conventional power generation, grid interconnection, project finance, M&A, and the cutting‑edge deal structures at the intersection of AI and energy.

Practice capabilities 

Our work spans finance, real assets, power, technology and regulatory strategy – reflecting how complex infrastructure and real estate projects are developed, operated and monetized. 

• Real estate development, land use and entitlements: Cooley advises on all aspects of real estate development for complex projects, from site selection through operation. Our experience includes acquisition and disposition of entitled and unentitled land, zoning and land use approvals, entitlement strategies, commercial contracts, procurement, design, construction, operation, maintenance, acquisition and disposition, environmental diligence and development risk mitigation for large‑scale, complex projects. We help clients navigate local and state regulatory regimes while maintaining consistent legal strategies across jurisdictions.
• Project finance, structured capital and capital markets: Cooley advises on digital infrastructure finance for data centers and related assets across a broad range of capital structures. As projects have grown more capital intensive, our lawyers help clients align financing strategies with development timelines, power requirements and long-term operating models. We advise on project level and platform level financings, joint ventures, construction and development financing, tax‑advantaged, incentive-driven structures – including Inflation Reduction Act (IRA) tax credit transfers and tax equity financings – as well as recapitalizations and acquisition financings as assets scale or change hands. Our capital markets experience includes high yield bonds and credit facilities (both secured and unsecured) financing the construction and development of digital infrastructure, including data centers.
• Semiconductor and advanced manufacturing projects: Cooley supports semiconductor and advanced manufacturing facilities and campuses across acquisition, development, financing and strategic transactions. This includes site selection and entitlements, incentive strategy – including CHIPS and Science Act grants, loans and tax credits – construction and equipment contracting, and the complex commercial and regulatory issues that arise in high-spec industrial projects.
• Power procurement, grid strategy and infrastructure: Infrastructure and real estate projects increasingly depend on secure, reliable power and on meeting sustainability expectations from customers and capital providers. Cooley advises on power procurement strategies, interconnection and utility regulatory issues, and the structuring and financing of energy transition infrastructure developed alongside or in support of these assets, including renewable energy, battery storage, hydrogen, carbon capture and sequestration (CCUS) and other emerging generation technologies – as well as joint ventures and tax efficient capital solutions. Our power procurement work extends to emerging structures, including small modular reactor (SMR) offtake, hydrogen and storage co-location and bespoke utility tariff design for hyperscale load, each increasingly central to AI data center site strategy.
• Corporate transactions, joint ventures and public private partnerships: Cooley advises on corporate transactions, joint ventures and public private partnerships involving infrastructure, energy and real assets platforms, including mergers and acquisitions, strategic investments, government-sponsored infrastructure arrangements and complex ownership structures. We regularly support collaborations among developers, technology companies, institutional investors, energy sponsors and public-sector counterparties, helping clients allocate risk, align incentives and execute transactions efficiently at scale across the asset life cycle.
• Commercial contracting and leasing: Our team advises on the full range of commercial contracts and leasing arrangements that are central to complex projects and operating assets. This includes colocation agreements and data center leasing arrangements, service‑level and capacity/performance structures and agreements, construction and equipment vendor contracts, and long-term customer and offtake arrangements. We help clients structure agreements that support both near-term operations and long-term growth.
• Regulatory, policy and government engagement: Cooley advises clients on regulatory matters affecting infrastructure, energy and real estate development and operations, including permitting, the Federal Energy Regulatory Commission and state utility commission proceedings, utility and power-related regulatory issues. Where appropriate, we assist with regulatory strategy and government engagement to support development, expansion and ongoing operations.
• Technology, data and cybersecurity: Many infrastructure and real estate projects raise significant technology, data and cybersecurity considerations – especially for digital infrastructure and other connected or data‑enabled assets. Cooley advises on data security, privacy, intellectual property and licensing issues that intersect with operations, helping clients manage risk while supporting increasingly sophisticated technical environments. 
• Environmental, social and governance (ESG) and sustainability: As investors, customers and regulators increasingly focus on sustainability performance, Cooley advises infrastructure, energy and real estate clients on ESG strategy, sustainability reporting frameworks, green financing requirements and climate-related risk disclosure. We help clients integrate sustainability considerations into project development, capital raising and commercial arrangements, supporting compliance and stakeholder expectations across the asset life cycle.
• Disputes and risk management: Complex assets face heightened risk across development, construction, operations, financing and customer contracting. When disputes arise, Cooley represents clients in litigation and dispute resolution matters related to infrastructure, energy and real estate projects, with a focus on business‑driven outcomes and protecting long‑term enterprise value.