Powering Progress

Vinson & Elkins

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Our podcast series explores the legal and regulatory frameworks shaping the next generation of digital infrastructure, such as advancements in AI and data center development. Hosted by Vinson & Elkins’ Chief Innovation Officer Aubrey Bishai, each episode welcomes one of our experienced partners to share their perspectives.

17 août

Powering Progress Ep. 11 | The Incentive Challenge: Navigating the New Tax Landscape for Data Centers

As AI infrastructure investment accelerates, developers, investors, and operators are making long-term decisions based on assumptions about power, financing, and regulation and taxes; but one of those assumptions is changing. For years, states competed aggressively to attract data center investment through generous tax incentives. Today, however, several states are reevaluating those programs, introducing new taxes, pausing incentive offerings, or reconsidering policies that many investors once viewed as stable. So what happens when today's assumptions no longer hold? In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Co-Head of Tax Controversy Kathy Pakenham, to discuss the rapidly evolving tax incentive landscape for data centers. Together they explore why tax certainty has become a strategic issue, how recent developments are affecting project economics, and what owners, developers, and investors should be thinking about as they evaluate opportunities across different jurisdictions.
29 juil.

Powering Progress | Ep. 10 – Building Resilience into AI Infrastructure

Much of the conversation around AI infrastructure has focused on growth, new data centers, unprecedented capital investment, rising power demand, and the race to build capacity fast enough to keep up. But every major infrastructure boom eventually enters a different phase. Projects become operational, markets evolve, technologies advance, regulations change, and the contracts that looked straightforward during periods of rapid expansion are put to the test. So what happens when today's assumptions no longer hold? In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by International Dispute Resolution & Arbitration Partner James Barratt, who advises clients on complex cross-border disputes involving major infrastructure projects and long-term commercial arrangements. James has been at the forefront in identifying where disputes are likely to arise in the operation phase of the AI build-out. Together they discuss the next phase of the AI infrastructure story, where disputes may emerge, the lessons other industries can offer, and what companies should be doing now to build more resilient agreements in the future.
24 juin

Powering Progress | Ep. 9 – Protecting the Advantage

As AI and data center development continue to accelerate, much of the conversation has focused on power, infrastructure, financing, and scale, but behind every major technological shift is another critical issue that organizations increasingly have to navigate. Innovation governance is the framework we use at Vinson & Elkins to help companies identify, protect, manage, and ultimately maximize the value of their intellectual property, data, technology, and proprietary systems, including protecting against claims from other rights holders. And in today's environment, that challenge is becoming more complex and more important than ever. Modern data centers are no longer just physical infrastructure assets. They sit at the intersection of software, hardware, AI models, cooling technologies, chip architecture, operational processes, and proprietary engineering. As companies race to innovate, collaborate, and scale, the risks surrounding intellectual property ownership, protection, licensing, and competitive advantage are evolving just as quickly. In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Hilary Preston, Partner and Co-Head of Intellectual Property & Technology Litigation, to discuss how companies should think about intellectual property risks and opportunities in the rapidly expanding AI and data center ecosystem. They explore why innovation governance matters, where organizations may be most exposed, and how collaboration and partnerships can create new complexities around ownership and confidentiality, and why protecting innovation is increasingly becoming a core business and infrastructure strategy, not just a legal consideration.
17 juin

Powering Progress | Ep. 8 – Markets Under Pressure

As AI adoption accelerates and data center development expands across the country the conversation around infrastructure increasingly comes back to one central issue: power, but access to power is not simply an engineering or development challenge, its also deeply tied to the regulatory framework that govern wholesale electricity markets, transmission systems, energy trading, reliability requirements, and market operations. The scale and speed of projected data center growth are creating new pressures across the energy ecosystem, raising important questions about how existing regulatory structures will adapt to rapidly evolving demand. In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Energy Regulation Partner C.J. Polito to discuss the federal regulatory landscape surrounding energy markets and what it means for companies developing, financing, and operating AI-driven infrastructure They explore how regulators are thinking about reliability, market design, power transactions, interconnection challenges, and wholesale energy markets as demand from data centers continues to grow. They also discuss how developers, investors, and infrastructure companies should think about regulatory risk, compliance, and long-term market dynamic as the conversions of AI, energy, and infrastructure continues to reshape the industry.
10 juin

Powering Progress | Ep. 7 – Scaling the Deal

As investment in data centers accelerates, many organizations are pursuing platform strategies and joint ventures to scale development and deploy capital efficiently. In this episode, Vinson & Elkins’ Chief Innovation Officer Aubrey Bishai is joined by Mergers & Acquisitions and Private Equity Partner Robert Hughes, who works with clients on platform acquisitions, joint venture structuring, and capital markets pathways that support large-scale infrastructure investment. Together they discuss how investors and operators are structuring partnerships, allocating development risk, and preserving flexibility for future growth or exit opportunities.
2 juin

Powering Progress | Ep. 6 – Power, Scale, and Scrutiny

As AI and data center development accelerate, the competition for power, infrastructure, and emerging technologies is intensifying, just as regulators are taking a closer look at consolidation across these markets. In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Antitrust Partner Evan Miller, who advises clients on merger investigations and antitrust counseling across energy, technology, and infrastructure markets. They discuss why antitrust analysis in power markets can differ from traditional transactions and what companies should expect as sectors adjacent to infrastructure, from cooling technologies to energy storage solutions, continue to evolve and potentially consolidate.
22 mai

Powering Progress | Ep. 5 – The Space Behind the Servers: Real Estate Structures for AI Infrastructure

Welcome to Powering Progress, where we examine the commercial and legal structures behind the rapid growth of AI infrastructure. Data centers may be powered by energy and technology, but their success also depends on the real estate structures that support long-term operations and expansion. In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Real Estate Partner Courtney Hammond, who advises clients on data center leasing, build-to-suit developments, sale-leaseback transactions, and the evolving real estate frameworks supporting digital infrastructure. Together they explore how lease structures are evolving to accommodate increasing power demands, long development timelines, and the operational needs of hyperscale and enterprise users.
18 mai

Powering Progress | Ep. 4 – The Power Supply Challenge: Delivering Energy for AI Growth

Welcome back to Powering Progress, our series of conversations exploring the infrastructure, capital, and legal frameworks shaping the next generation of AI and data center development. Artificial intelligence is driving an extraordinary surge in data center demand, but behind every server and processor is a far more fundamental question: where will the power come from, and how will it be delivered reliably and at scale? In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Energy & Infrastructure Projects Partner Mark Brasher, who advises clients on power development, power purchase agreements, EPC contracts, and the complex interconnection challenges that increasingly define large-scale digital infrastructure. Together they discuss the questions developers, investors, and operators are asking as they plan the power strategies behind the AI economy.
5 mai

Powering Progress | Ep. 3 – The Fuel Behind the Future: How AI Gets Its Power

Welcome back to Powering Progress, our series examining the infrastructure challenges behind the rapid expansion of AI and data center development. As demand for computing power grows, so does the need for reliable and scalable energy supply. For many projects, that means securing natural gas supply, developing pipeline infrastructure, or building on-site generation solutions to ensure consistent uptime. In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Energy Regulation Partner Suzanne Clevenger, who advises clients on fuel sourcing, pipeline infrastructure, and energy supply strategies that support large-scale digital infrastructure. Together they explore how developers and investors are approaching long-term fuel supply, reliability expectations, and the infrastructure required to keep these facilities running around the clock.
29 avr.

Powering Progress | Ep. 2 – Financing at Scale: Structured Capital for AI and Data Center Portfolios

Welcome back to Powering Progress, where we explore the legal and commercial frameworks powering the rapid growth of AI infrastructure and data centers. Behind every major data center development is a sophisticated capital structure. Financing these projects requires balancing construction risk, power availability, long-term operational stability, and the evolving expectations of lenders and investors. In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Project Development & Finance Partner Eamon Nolan, who works with clients on construction financing, structured finance solutions, and portfolio-level capital strategies supporting large-scale infrastructure projects. The conversation focuses on how the market is underwriting these developments and what financing structures are emerging as the AI infrastructure landscape continues to evolve.
28 avr.

Powering Progress | Ep. 1 – Texas at the Edge of the Grid: Powering the Age of AI

Welcome to Powering Progress, a series exploring the legal and regulatory frameworks shaping the next generation of digital infrastructure. As AI and data center development accelerates, regulatory considerations are becoming increasingly central to project planning — from federal energy policy and state utility rules to permitting, environmental compliance, and tax structures. In this episode, Vinson & Elkins' Chief Innovation Officer Aubrey Bishai is joined by Energy Regulation Partner Jaren Taylor, who brings deep experience in regulatory and environmental policy affecting energy and infrastructure projects. Together they discuss how evolving regulatory frameworks may shape the pace, location, and economics of future data center development.

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Our podcast series explores the legal and regulatory frameworks shaping the next generation of digital infrastructure, such as advancements in AI and data center development. Hosted by Vinson & Elkins’ Chief Innovation Officer Aubrey Bishai, each episode welcomes one of our experienced partners to share their perspectives.

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Vinson & Elkins
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2019 - 2026
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11
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