Digital Infrastructure

Winston’s Real Estate & Infrastructure Practice advises many of the most active investors, developers, and operators in the United States and abroad on their most sophisticated digital infrastructure-related asset transactions. Our team combines the agility and partner involvement of a focused platform with the depth and experience of a global Am Law 50 firm.

We represent clients across the full spectrum of real estate and digital infrastructure asset classes, including hyperscale and colocation data centers, AI-ready campuses, fiber and carrier-neutral networks, edge computing facilities, and other mission-critical platforms that power the digital economy. Our lawyers are deeply experienced in joint ventures, programmatic platforms, fund and co-GP structures, development and construction, complex financings, and large-scale portfolio transactions, enabling clients to efficiently deploy capital and manage risk across diverse asset types.

Winston’s collaborative approach and deep industry knowledge allow our clients to execute transformative projects that power modern economies and enhance the built environment. Whether advancing the next generation of digital infrastructure or delivering social and community-based development, our team brings the judgment, creativity, and experience necessary to deliver exceptional results.

Winston delivers tailored capital solutions to digital infrastructure developers, investors, and operators, enabling efficient network buildouts and technology upgrades across data center, broadband, metro fiber, transit communications, and public-safety networks. Our team represents sponsors, developers, lenders, and investment funds, to ensure project financing strategies meet the unique needs of digital infrastructure projects. We provide guidance on PPPs / P3s, non-recourse and limited-recourse financing, and project portfolio transactions throughout North America, Latin America, and Europe. By working closely with engineers and technical advisors on construction, operations and maintenance, and risk management, we help maximize project reliability and performance.

Our Structured Finance team is a recognized leader in bespoke structures and emerging / “esoteric” assets, with our attorneys having helped clients finance and securitize the full array of digital infrastructure asset classes since the inception of this finance technique. As a result, our team is frequently called upon to develop and rethink the structures and documents that the market employs in aggregating and funding these assets. We have experience with master trusts, senior / subordinated loan structures, enhanced corporate credit structures, cross-border financings, repackagings / restructurings of existing structured financings of physical assets, and the full assortment of leasing transactions, including small, large, and mid-ticket leases. Likewise, our ability to leverage extensive experience in tax-advantaged transfers, hedging, and custom financial structures enables our team to optimize outcomes for our clients with interests and investments in digital infrastructure.

We provide guidance on interconnection and transmission access for large-scale data center projects, including hyperscale campuses, multitenant colocation facilities, and edge sites. Our services include ISO/RTO queue strategy, tariff review, advocacy for market rules, and participation in programs designed for data center energy needs, such as capacity, energy, and demand-side management. We also cover design power supply and infrastructure solutions—including long-term power purchase agreements (PPAs), tolling arrangements, onsite and behind-the-meter generation and storage, microgrids, gen-ties, and hedging strategies—to meet Federal Power Act requirements while maximizing reliability and cost efficiency. Additionally, we support a wide variety of businesses with regulatory strategy, compliance, and defense in FERC-related matters, including handling parallel investigations by the CFTC and DOJ into market conduct, tariff compliance, and trading practices.

Our M&A and private equity experience spans public and private deals, carve-outs, take-privates, recapitalizations, and special committee counsel. We support sponsor-side platform builds, add-ons, and exits for fiber, broadband, tower, data center, and cloud assets. Our integrated teams—drawing on our tax, antitrust, employment, IP, privacy, and regulatory capabilities—enable efficient execution and scalable post-closing operations across the Americas and Europe. Our cross-border platform is especially strong in Latin America, with experience leading on notable transactions involving significant telecommunications portfolios across the region. 

Winston provides digital infrastructure developers, investors, and operators with practical guidance on capital markets transactions that directly support their growth and project delivery goals. We advise on structuring and executing investment-grade and high-yield debt offerings, convertibles, IPOs, follow-ons, and REIT/structured finance solutions tailored to the needs of fiber, tower, and data center projects. By integrating governance, disclosure, and intercreditor frameworks into each transaction, we help developers and operators secure the capital necessary for rapid expansion, technology upgrades, and asset optimization.

Our construction litigators represent digital infrastructure project owners, contractors, architects, engineers, sureties, and lenders in high-stakes construction and real estate disputes across national and international forums, including state and federal courts, administrative boards, arbitration panels, and international tribunals. The team handles the full spectrum of infrastructure-related matters—from bid and procurement disputes to breach of contract, fraud, fiduciary duty, trade secrets, and tort claims—offering strategic counsel throughout the project lifecycle.

In addition to our strengths in construction and real estate litigation, our nationally acclaimed patent litigation team manages cases involving broadband standards, networking, cloud computing, and virtualization. We have successfully led high-profile trials for major U.S. cable operators and defended leading technology companies in complex, multi-patent disputes related to cloud, data storage, and communications platforms. Our experience also extends to disputes over digital asset mining technologies, ensuring comprehensive legal support across the digital infrastructure landscape.