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Matthew Eichel

Partner at Bortstein Legal Group

Matthew Eichel is a highly educated individual with a diverse academic background.

He holds a J.D. from Cardozo School of Law, a Bachelor of Arts degree in History and Political Science from Colgate University, and completed high school at Cincinnati Country Day School.

Throughout his career, Matthew has been associated with several prestigious organizations in various roles.

He was a Partner and an Associate at Bortstein Legal Group, a Legal Intern at Louis Vuitton, a Summer Associate/Fall Law Clerk at Adam Leitman Bailey, P.C., an Intern at Volunteer Lawyers for the Arts, and a Property Law Teaching Assistant at Cardozo School of Law.

Additionally, he served as a Judicial Intern for Judge Stephen Louis A. Dillard at the Court of Appeals of Georgia, an Intern for Brad Wenstrup for U.S. Congress, and a Counselor at Camp Barney Medintz.

His experience and educational background reflect a strong foundation in law, legal practice, and diverse professional exposure.

Highlights

Jan 9 · linkedin

What happens if a data center is damaged by a hurricane or other casualty? Here is Post # 7️⃣ of our ongoing series on colocation agreements. 🏨

Data Center/Colocation Agreements Series Post # 7️⃣ : Key Real Estate Concepts in Colocation Agreements

Casualty/Force Majeure

🔥        If there is a casualty (e.g.  flood, fire, hurricane, etc.) that damages the co-lo facility or causes a loss of power such that the client is no longer receiving services/is unable to use the space, the typical Force Majeure provision in a service provider’s form of agreement will not provide much recourse, as such provision will typically carve out customer’s payment obligations and will not allow either party to terminate the agreement following a Force Majeure event.    🔥         To prevent a scenario where the client is paying for services it is not receiving, or stuck in a damaged data center for an indefinite period, it is important to add a separate casualty provision, or add certain casualty concepts to the standard Force Majeure provision, such as:   🌀   Suspension of payment obligations during periods when the client has no access to the space/is not receiving the services due to the casualty;   🌀   Clear language regarding service provider’s obligation to repair damage to the facility;   🌀   Client termination right in the event damage cannot be repaired/services brought back online within a specific period of time; and   🌀   To the extent service provider has other facilities, client right to relocate to such other sites (subject to client approval).

Look out for our next installment in which we touch on environmental and physical security controls to ensure are in place at the colocation facility.  #datacenters  #colocation  #criticalinfrastructure

Nov 20 · linkedin

A colocation agreement should be structured to allow for expansion if there is a potential for future growth. Here is Post # 6️⃣ of our ongoing series. 🏢

Data Center/Colocation Agreements Series Post # 6️⃣: Key Real Estate Concepts in Colocation Agreements

Expansion:

🔎   If the scope of the agreement is insufficient to meet a customer’s growth projections, the customer may need to exit the facility and find additional colocation space elsewhere, so it is important to account for the need to expand when negotiating the scope of the license.   🔎   Expansion rights typically take 3 forms:   📍  Right of First Offer (ROFO) [aka a “first look”]: A service provider driven option whereby if service provider makes certain space available, the service provider must first offer the space to customer at terms the service provider is willing to accept.   📍  Right of First Refusal (ROFR) [aka a “last look”]: A 3rd party driven option whereby if service provider receives an offer from a third party on available space that service provider is willing to accept, before accepting such offer, service provider must offer the space to customer at the same terms.   📍   Right to Expand: A customer driven option whereby the customer has the right, often during a set amount of time during the term, to elect to expand into certain additional space, with the terms regarding such expansion being set forth to in the colocation agreement.   🔎     In addition to additional space, a customer may also need additional power in the colocation facility to run its equipment, so expansion rights for colocation agreement should apply to not only physical space, but also associated power.

Keep an eye out for our next post in which we turn to force majeure and casualty provisions in colocation agreements. #datacenters  #colocation  #criticalinfrastructure

Matthew Eichel
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Location

Atlanta, Georgia, United States