JONES DAY TALKS®: Real Assets Roundup Episode 4: Legal and Energy Challenges of Powering Data Centers

The demand for data centers driven by AI and cloud migration have strained the energy infrastructure. As power consumption exceeds availability, the legal and business challenges of securing power, building out infrastructure and allocating risk have become key issues for the industry. In this episode of the "Real Assets Roundup," Jones Day partners Brian Sedlak, Paul Jones, Jeff Schlegel and Melissa Vandewater discuss the energy and utility issues facing the data center industry and where future solutions may be found.

The "One Big Beautiful Bill Act" (or OB3) is overhauling policy for tax, real estate, energy and infrastructure investment. It brings changes to energy tax credits, on-shoring incentives, and real asset financing, creating new risks and opportunities for investors and developers. In this "breaking news" edition of Jones Day’s “Real Assets Roundup” program, Jones Day partners Brian Sedlak, Sean Jackowitz, James Kinnebrew and Colleen Laduzinski talk about what to expect as a result of the OB3.

Digital infrastructure assets provide and support communications and networking, data transfer and storage, and online services. They enable internet access, cloud computing, and emerging technologies including AI. Digital infrastructure assets are so critical, that some observers have labeled them the “fourth utility.” In the second in a series of Jones Day’s “Real Assets Roundup” programs, Jones Day partners Brian Sedlak, Marta Lahuerta Escolano, Melissa Vandewater, and Elizabeth Dominguez Yaeger talk about what’s driving this important transition.

Institutional investors are redefining investments in “hard assets,” such as real estate, energy, and infrastructure into a combined “real assets” category. This change is driven by numerous factors and presents significant opportunities and challenges, which will be examined by Jones Day partner Brian Sedlak and his colleagues from across the Firm in an extended series of Jones Day Talks programs. In this kickoff episode of “Real Assets Roundup,” Brian, along with partners Vica Irani and Kit Rockhill, discuss the new definition of “real assets” and talk about the issues, themes, and legal considerations to be addressed in subsequent programs.

Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can federal or state legislation address the "deepfake" problem? And what makes adjusting to AI adoption so challenging? Listen to partners Meredith Wilkes and Emily Tait talk about the current legal landscape and the practical implications companies face when bringing AI to the workplace.

Corporate fraud remains a persistent and potentially damaging threat to companies across industries, sectors, and borders. The risks are substantial and the penalties are daunting. Jones Day partner Jeff Schenk, a former Assistant U.S. Attorney who led the prosecutions of Theranos executive Elizabeth Holmes and Pacific Gas & Electric, gives a first-hand account of those high-profile trials, and explains what corporate counsels need to know about keys issues involving corporate fraud investigations.

The challenges and mechanics of growing a new venture are complex, and when the competing interests of different investor classes are considered, trouble and conflict are possible. As part of a continuing series of podcasts on early stage and venture capital investing, Jones Day partners Tim Curry, Taylor Stevens, and Alex Wibaux discuss the “five pillars” Series A and later investors should understand to ensure their rights and interests are protected.

Though rare, cases of prosecutorial misconduct do occur in cases at all court levels and across jurisdictions. Partner Neal Stephens, co-author of Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers, recently published by the American Bar Association, talks about what defense lawyers must know and do to protect their clients at every stage of a criminal case. Read the full transcript.

Finishing law school is just the beginning. The transition from law student to lawyer comes with its own set of challenges and opportunities. Tiffany Lipscomb-Jackson and Josh Pittman share stories, insights, and practical advice for law students and new lawyers leaving school and embarking on their career paths. Read the full transcript.

Down round financings recently reached their highest levels in 15 years, leaving investors, growth-stage companies, and other venture capital market participants searching for guidance and clarity. Jones Day partners Tim Curry, Taylor Stevens, and Alexandre Wibaux explain how down rounds work, and talk about what affected parties need to know as we look toward 2025. Read the full transcript.