Michael C. Herrera
- Firmwide Co-Chair, Data Centers & Digital Infrastructure
- San Diego
- San Francisco
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Clients trust Michael to lead their most complex technology infrastructure and licensing deals, valuing his ability to deliver integrated, actionable counsel from strategy through execution.
Michael Herrera advises clients on the development, procurement, and commercial structuring of large-scale technology and infrastructure projects, as well as sophisticated licensing and IP transactions. His practice is anchored in data centers and digital infrastructure, where he serves as a trusted quarterback for some of the most capital-intensive and technically demanding build-outs in the market—coordinating complex, multiparty commercial frameworks across the full project lifecycle, from strategic planning and vendor selection through procurement, supply chain structuring, and deployment at scale. Michael’s practice also bridges cutting-edge technologies across semiconductors, quantum computing, space and satellite applications, advanced materials, life sciences and biotechnology, chemical sciences, advanced robotics, AI, and other emerging sectors, advising on the novel commercial and IP arrangements that bring next-generation technologies to market.
Michael co-leads the firmwide Data Centers and Digital Infrastructure team, coordinating a multidisciplinary practice of more than 100 lawyers who support clients across the entire digital infrastructure development spectrum—from site selection and power agreements through hardware procurement, IP structuring, and operational frameworks. He represents hyperscalers, major technology companies, high-growth startups, sponsors, developers, and strategic investment entities, guiding them through the full arc of infrastructure development, including long-term supply arrangements, large-scale hardware and services procurement, joint ventures, strategic alliances, contract manufacturing, and the bespoke commercial arrangements that underpin next-generation technology platforms.
Michael has led and structured some of the most consequential technology infrastructure transactions in the market. His experience includes architecting scalable procurement and licensing frameworks, and serving as lead counsel on hyperscale infrastructure build-outs, including procurement programs totaling hundreds of billions in annual spend—spanning GPU, CPU, long lead time equipment, gas turbines, power generation and cooling equipment, and next-gen AI hardware—where he coordinates across legal disciplines, business teams, and counterparties to drive complex, high-stakes deals to execution. He has also structured pivotal multibillion-dollar joint ventures and “bet-the-company” strategic alliances in quantum computing, AI development, life sciences, and advanced materials, and regularly advises on foundational patent licensing and IP-intensive transactions across technology and life sciences sectors.
Previously, Michael completed in-house secondments at Waymo, Microsoft, and Amazon, embedding directly within client teams to accelerate the development and deployment of innovative technologies. This operational fluency informs his ability to function as a true strategic partner—not just legal counsel—on the largest and most complex infrastructure and technology programs his clients undertake. Committed to fostering diversity, inclusion, and opportunity, Michael frequently speaks on these topics and mentors the next generation of diverse legal leaders. Before practicing law, Michael was a reconnaissance officer in the Army National Guard, where he developed the leadership, systems thinking, and mission-execution capabilities now central to his practice.
Areas of focus
Industries
Services
Education & Credentials
Education
- Duke University School of Law, J.D., cum laude, Staff Editor, Duke Law Journal of Law and Contemporary Problems
- Johns Hopkins University, B.A., Political Science, cum laude
Bar and Court Admissions
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California
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District of Columbia
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North Carolina
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Texas
Professional Recognition
Listed in Super Lawyers Magazine as a "San Diego Rising Star,” 2025
Impact
Professional Leadership
- Cleantech San Diego, Board Member
Professional Experience
Representative experience includes:
- Advised a major global investment fund on digital infrastructure transactions, including structuring the underlying commercial agreements governing data center assets and equipment.
- Advised a leading alternative asset manager on the development and procurement of large-scale data center equipment, including structuring commercial frameworks to support capital deployment into digital infrastructure.
- Advised an infrastructure-focused investment manager on IaaS and GPUaaS arrangements in connection with data center development, including structuring intercompany and third-party commercial frameworks.
- Advised multiple GPU-as-a-service platforms and cloud infrastructure providers on GPUaaS matters, strategic collaborations, and related transactions, including capacity reservation arrangements, offtake structures, and service agreements supporting large-scale AI compute deployment.
- Advised multiple data center joint venture on equipment and services procurement, as well as license arrangements, governing shared infrastructure, operational responsibilities, and IP allocation among venture participants.
- Structured and negotiated reservation and supply agreements with long-lead-time equipment and memory suppliers, developing novel commercial structures (including staged reservation frameworks, capacity option mechanisms, and priority allocation arrangements) to secure access to high-demand components critical to digital infrastructure build-outs.
- Structured complex commercial arrangements supporting the build-out of advanced semiconductor manufacturing facilities, including agreements governing site development, equipment procurement, IP licensing, and manufacturing services across U.S., EMEA, and APAC.
- Structured commercial and operational frameworks for the development of digital infrastructure and co-located microgrid and power generation facilities across the U.S., EMEA, and APAC, including agreements governing power equipment procurement, infrastructure development, and long-term operational arrangements.
- Represents private equity funds and private capital sponsors in their digital infrastructure build-outs across the U.S., EMEA, and APAC, advising on the full arc of development, from initial procurement and structuring through operational agreements and exit-ready commercial frameworks.
- Represented large technology company client in its groundbreaking joint development and collaboration agreement with a large AI developer that allowed the client to launch its core AI-capable services and benefit form a time-to-market advantage in enterprise AI offerings.
- Represents multiple hyperscaler clients, advising and negotiating more than $200 billion in annual spend for data center hardware, equipment, and services procurement.
- Advised global data center hyperscalers, including in the United Kingdom, Japan, the United States, and Brazil, on developing global procurement agreement frameworks and governance policies.
- Negotiated agreements to secure a $100 billion server GPU procurement contract over five years on behalf of a major hyperscaler.
- Structured and negotiated a large-scale outsourced facilities management arrangement with a major service provider for the operation of more than 100 data center facilities in 20-plus countries.
- Structured long-term supply and manufacturing agreements for server hardware, racks, and integrated rack systems and other physical infrastructure components with global original design manufacturer (ODM) and original equipment manufacturer (OEM) partners.
- Facilitated advanced procurement arrangements for critical infrastructure, including power management systems, cooling solutions, generators, transformers, and power distribution units (PDUs), with tier-one manufacturers.
- Structured procurement agreements for ongoing data center operations, including preventative and corrective maintenance, fuel delivery, water treatment, facilities services, and other mission-critical services.
- Supported clients in semiconductor procurement and licensing from major foundries, design houses, test and packaging houses, EDA vendors, and system integrators to secure IP, manufacturing capacity, and priority access for custom silicon development.
- Negotiated and drafted patent and IP license agreements for hard and soft silicon IP, as well as agreements covering foundry, design, packaging, testing, and other services.
- Advised on patent and IP issues arising from supply agreements for custom silicon.
- Advised clients on innovative technologies, including AI accelerators, quantum computing, advanced storage solutions, and edge computing infrastructure.
- Advised startup focusing on in vivo CAR-T cell engineering on securing foundational inbound patent license agreements from academic universities and the NIH that were instrumental in their eventual exit for $2.1 billion.
- Advised large lime and limestone producer on complex joint venture arrangement and related agreements to establish a next-gen plant to produce reduced carbon materials.
