David A. Rosenberg, P.C.

The Firm represented special-purpose subsidiaries of DataBank Holdings Ltd. in connection with an offering of $715 million of aggregate principal amount of Secured Data Center Revenue Notes.~~DataBank provides highly scalable, customizable data center solutions, including colocation, network and connectivity services and managed and cloud services in support of enterprise technology companies, network and cloud service providers and other internet and media companies.~~The Simpson Thacher team included John Schueller, Kate Draper, Ben Carson, Gerardo Párraga and Oliver McBain (Capital Markets); Jon Cantor, Kris Liu and Zev Klein (Tax); Jeanne Annarumma (ERISA); Dennis Loiacono, Tim Gallagher, David Rosenberg and Clark Vaughn (Real Estate); Jonathan Pall (Collateral); Michael Isby (Environmental); and Jessica Cohen and Corina McIntyre (Data Privacy).

Oct 3

1 min

Kirkland & Ellis advised CyrusOne, a leading global data center developer and operator specializing in delivering state-of-the-art digital infrastructure solutions, on securing a $687.1 million Single Asset Single Borrower Commercial Mortgage-Backed Security (CMBS) loan for CyrusOne’s DFW1 data center, the company’s inaugural CMBS issuance. This transaction brings CyrusOne’s total capital raised this year to $12 billion. The DFW1 data center serves more than 100 customers and is the first co-location/enterprise data center single asset single borrower securitized financing since the financial crisis in 2008. Read CyrusOne’s press release The Kirkland team was led by real estate partners David Rosenberg, Kim McGrath and Kevin Donahue and associates Zach Weber, Max Baird and Kate Plonsker; and corporate partners Melissa Kalka and Ben Hardison and associate Reese Gwin.

Jul 16

1 min

The Connecticut Supreme Court waded into new territory in a hearing last week after AI hallucinations appeared in briefing before the high court. Associate Justice Steve Ecker, co-chair of the Committee on Artificial Intelligence in the Connecticut Legal System, said a motion for sanctions against plaintiff's counsel in a landlord-tenant dispute is the first time the court had to grapple with the issue. "The problem with AI," Ecker said, "we just don't know what's true anymore. It further plunges us into this world where it's very difficult to distinguish fact from fiction." Lawyers representing landlord Kosel Equity—Ian H. Gottlieb, David E. Rosenberg and Paul J. Small of GLG Law—admitted to using generative AI through platforms Lexis for legal research and ChatGPT to organize and format the content, however, the AI created errors in citations and references, according to court documents. The high court ordered the plaintiff to file a memorandum explaining how and when the errors occurred. In the memorandum, the attorneys stated that they "failed to properly proof its citations and references" during the review process. When the plaintiff's attorneys discovered the error on Feb. 10, they reached out to the chief clerk on Feb. 11 to self report and let the court know. Gottlieb did not respond tot a request for comment. The memorandum said the AI tools were not used as a substitute for legal research but a tool after initial drafting. "AI was used to assist in the organization and formatting of the brief, specifically with analyzing the brief to avoid duplication of arguments," the document said. "AI was also used to assist in reviewing the content of the brief in particular to comply with the word count restrictions. The errors identified in the errata sheet were corrected by manually checking the brief’s quotations and formatting against the underlying sources. Unfortunately, counsel did not notice that AI had intuitively made changes to the brief prior to filing." The memorandum called the situation "professionally embarrassing" and apologized to the court, the other parties and their client. "Counsel takes full responsibility for these errors and recognizes that they fell short of the standards expected in this court as well as in the legal community, but wishes to make clear that this was in no way intended to willfully violate any ethical obligation that counsel has to the court," plaintiff's counsel said in the memorandum. "Counsel wishes to assure the court that this is not an error that will happen again" The high court ordered the plaintiff to file a corrected brief. The Connecticut District Court issued a notice in September, stating it had a no-tolerance policy for AI hallucinations, and filing documents with such errors could lead to sanctions on the state court level. The Rules Committee of the Superior Court also has addressed proposed guidelines, such as requiring attorneys to append a certification to their pleadings or briefs, expressing they have verified the accuracy of the content provided by AI programs to conduct legal research. On Feb. 9, the Rules Committee again discussed the proposed requirement, taking into consideration comments and responses from judges, attorneys, and lawyer associations. Counsel for the defendant in the case, Philip G. Kent of Brenner, Saltzman & Wallman, declined to comment on the matter. Read the memorandum:

Feb 24

2 min

Kirkland & Ellis advised ContourGlobal, an independent power producer with a diversified global presence and portfolio company of KKR, in connection with the closing of its $612 million refinancing of a 1,205 MW portfolio of Natural Gas power plants located in California, New Mexico and Texas. The transaction, completed on December 10, 2024, comprised of a $436.3 million term loan, $147.2 million project letter of credit facility, $18.2 million DSR letter of credit facility and $10 million revolving credit facility. This refinancing is a key component of ContourGlobal’s broader financial strategy, aligned with its ambitious growth plans focused on the organic expansion of its renewable power portfolio and on a sustainable transition of its thermal fleet. Read ContourGlobal’s press release The Kirkland team included debt finance lawyers Roald Nashi, Greg Howling, Jacqueline Trudeau, Christopher Hargett and Miriam Domer; tax lawyers Sam Kamyans and Steve Cantor; environmental transactions lawyer Jim Dolphin; energy regulatory lawyers Drew Stuyvenberg and Cassidy Hall; real estate lawyers David Rosenberg and Katie Roddy; investment funds regulatory lawyer Phil Giglio; government, regulatory & internal investigations lawyer Nick Niles; and employee benefits lawyer Jack Bernstein.

Dec 27

1 min

The Firm represented special-purpose subsidiaries of TierPoint, LLC (“TierPoint”) in connection with an offering of up to $1.06 billion of aggregate principal amount of Secured Data Center Revenue Notes, consisting of up to $225 million of aggregate principal amount of Series 2023-1 Class A-1 Secured Data Center Revenue Variable Funding Notes, $360,000,000 of aggregate principal amount of Series 2023-1 Class A-2 Secured Data Center Revenue Term Notes and $475 million aggregate principal amount of Series 2023-2 Class A-2 Secured Data Center Revenue Term Notes.~~TierPoint operates data center facilities across the United States and provides colocation, connectivity and cloud services, managed services and business continuity and other services to customers.~~The Simpson Thacher team included John Schueller, Kate Draper, Rachel Lerman, Siak Goh, Melissa Lewis and Jessica Ryan (Capital Markets); Jonathan Cantor, Kris Liu, Zev Klein and Michael Slomovics (Tax); Jeanne Annarumma, J. Pasco Struhs (ERISA); Dennis Loiacono, Timothy Gallagher, David Rosenberg and Clark Vaughn (Real Estate); Jonathan Pall (Collateral); Michael Isby (Environmental); and Oliver McBain (London).

Oct 7

1 min