Data Center Bytes

Our prior blog post discussed an issue faced by investors who use the tokutei mokuteki kaisha (TMK) as the vehicle to own a data center in Japan. The primary issue the post explored was whether a TMK is required to entrust movable assets (including the data center fit-out) with a Japanese trustee.

Explosive growth in cloud computing, AI workloads, edge deployments, and enterprise digitization continues to drive unprecedented demand for capacity, leading the data center sector to become one of the most closely watched segments of the digital infrastructure market. While investor attention often gravitates toward hyperscalers, colocation platforms, and real estate assets, commercial facility services are emerging as a compelling—and frequently underappreciated—source of value for investors and operators in the data center sector.

California lawmakers have recently focused renewed attention on the rapid growth of data centers, driven in large part by cloud computing and artificial intelligence capacity demands. Concerns about grid reliability, electricity costs, and environmental impacts prompted a flurry of legislative proposals in the 2024–2025 session. The result, however, is a more incremental regulatory approach than many industry participants initially expected. This post highlights what has passed, what stalled, and what data center developers and operators should be monitoring going forward.

Ayman Khaleq, a partner at Morgan Lewis, is widely recognized as one of the leading advisors on cross-border investments, digital infrastructure transactions, and securities technology–industry regulatory frameworks in the Middle East. Ayman guides institutional investors (including sovereign wealth funds), private equity investors, and regional operators as they navigate complex legal and regulatory landscapes and structure large-scale data center and tech-sector investments. His perspective offers valuable insight into how the United Arab Emirates (UAE) and Saudi Arabia have become two of the most dynamic and competitive data center markets globally. His on-the-ground experience offers helpful insight into where the market is today—and where it is headed next.

While data center leases need to include most of the standard provisions of typical warehouse or manufacturing facilities’ leases, special attention should be given to their unique operational needs and special investments for the site. When leasing a data center building it is essential, among other things, to ensure the lease will address a high level of security, protect the privacy of both the tenant and the premises, and provide for continuity of operations throughout the lease term.

The private equity landscape in the data center sector is evolving rapidly, with increasing demand for digital infrastructure fueling record levels of investment. To help investors and advisors navigate this dynamic market, we’re hosting an exclusive session as part of our In the Know: Private Equity – 2025 Webinar Series.

In a major move to bolster US digital infrastructure, the White House issued an executive order on July 23, 2025 aimed at accelerating the federal permitting process for data centers and related infrastructure. The order is part of a broader strategy to support rapid deployment of artificial intelligence (AI) technologies and meet growing power demands.

At the 2025 “Choose France” summit, several major data center projects were announced, underscoring the country’s growing appeal for digital infrastructure investment. Backed by a national push for artificial intelligence development and access to low-cost, carbon-free electricity, France offers strong fundamentals for data center operators. Companies entering this growing market must navigate environmental, energy, and urban planning laws and regulations.

As experienced investors in Japanese real estate know, the Tokutei Mokuteki Kaisha (TMK) is the Japanese entity used by most investors to acquire and hold large real estate assets due to its favorable tax treatment. It is also well known that the TMK is a highly regulated entity, and the laws and regulations governing the TMK are rife with traps for the unwary. For investors in Japanese data centers who use the TMK as their investment vehicle, a couple of these traps arise because of the high value of the TMK’s movable assets (i.e., the data center fit out) in relation to its immovable assets (i.e., the land and the core and shell of the data center).

We are closely following the recent announcement by France and the UAE regarding their €30 billion–€50 billion investment to build Europe’s largest AI data center in France with up to 1 gigawatt of capacity. The announcement underscores a broader AI agreement between the two nations, aiming to boost the AI infrastructure and technology of both. This project aligns with broader European efforts to strengthen AI capabilities and compete globally, supported by substantial private and public investments.