Job Description

Job Title: Power and Real Estate Attorney

FLSA Status: Exempt

Employment Type: Full-time

Job Level: Individual Contributor

Primary Work Location: On-site or Remote* (*within two-hour flight radius of Fargo, ND)

Assigned Work Location: ELN01, ELN02

Department: Legal

Reports To: General Counsel

About Applied Digital

At Applied Digital, we are the epicenter of AI innovation, crafting cutting-edge data center solutions tailored for the demands of high-performance computing. Designed from the ground up to support AI and machine learning workloads, our infrastructure is the backbone of tomorrow’s technological advancements, including AI-driven video and generative platforms.

We are:

• Forward-Thinkers: With a keen eye on current market trends and future innovations, we adapt swiftly and lead technological evolution.
• Resilient: We navigate complex challenges and emerge stronger, delivering robust and reliable solutions for industry pioneers.
• Innovative Designers: Leveraging the latest technologies, we create visionary solutions that redefine industry standards.

At Applied Digital, we are committed to solving intricate problems, advancing business initiatives, maximizing operational efficiency, and reducing our carbon footprint. We are a team of resilient, forward-thinking innovators driving the AI revolution.

Position Summary: As the Power and Real Estate Attorney, you will play a critical role on our Legal team. You will be responsible for supporting the company’s energy and infrastructure initiatives, ensuring legal compliance and mitigating risk across a range of complex transactions. The ideal candidate will have 7-10 years of relevant legal experience with a strong focus on drafting and negotiating power purchase agreements (PPAs), interconnection agreements, site control documents, and other related contracts.

Key Responsibilities:

• Draft, review, and negotiate a variety of energy-related agreements, including but not limited to:
• Power Purchase Agreements (PPAs)
• Interconnection Agreements
• Engineering, Procurement, and Construction (EPC) Contracts
• Site Lease and Easement Agreements
• Land acquisition and title documents
• Provide legal support for real estate transactions, including due diligence, permitting requirements, zoning laws and regulations.
• Collaborate with cross-functional teams including development, finance, engineering, and operations.
• Advise internal stakeholders on regulatory issues related to real estate development and energy usage, providing insights on compliance and potential challenges
• Remain informed of changes in energy and real estate law, monitoring their impact on business objectives.
• Assist with dispute resolution and litigation management as needed.
• Willing and able to travel as needed to the company’s various on-site locations (i.e. ND, TX, etc.).

Qualifications:

• J.D. from an accredited law school and active bar membership in at least one U.S. jurisdiction.
• 7-10+ years of legal experience, with a strong background in energy and real estate law.
• Demonstrated expertise in negotiating complex commercial agreements.
• Strong analytical, communication, and organizational skills.
• Able to work independently in a fast-paced environment, managing multiple priorities.

Preferred Qualifications:

• Prior in-house experience; law firm experience with energy or infrastructure clients will also be considered.

Essential Skills:

• Communication: Clear verbal and written communication to document incidents and ensure proper shift handoffs.
• Collaboration: Ability to work closely with team members, supervisors, and cross-functional partners.
• Adaptability: Flexible in responding to changes in process, tools, environment, and shift assignments.
• Accountability: Takes ownership of assigned tasks and follows through with minimal supervision.
• Attention to Detail: Maintains thorough and accurate logs, inspections, records, and documentation.
• Time Management: Manages time effectively to meet performance expectations and service levels.
• Integrity: Adheres to company policies, safety protocols, and professional ethics at all times.
• Continuous Improvement Mindset: Recommends and supports efficiency, safety, and system innovations.
• Documentation Discipline: Maintains clear, consistent records for operational continuity and compliance.
• Security Compliance: Maintains awareness of data center physical and logical security expectations.
• Digital Literacy: Uses productivity tools (e.g., Outlook, Teams, Excel, ticketing systems) for communication and documentation in office or hybrid settings.

Physical Requirements:

Able to remain seated for an extended period and lift and carry up to 15 lbs. (office manuals, case notebooks, case files, case materials, standard boxes, report binders, etc.) as needed.

Working conditions based on position/location:

Remote: The Company agrees that the Employee may work from home provided the employee is in good standing, has a continuously secured internet connection and necessary equipment, and is accessible by MS Teams, phone, fax, and email during business hours. (See Telework policy.)

Office environment: Business office hours and work hours necessary to satisfactorily perform job functions. Some overtime may be required to accomplish work demands in a timely manner (overtime hours worked are paid at one-and-a-half times the regular rate of pay) and to satisfy our firm’s commitment to the professional development of personnel. Site Location – we are a 24-hour facility, and work hours (shifts) are assigned as necessary to perform job functions satisfactorily, ensure compliance, and ensure the efficient functioning of the company. Some positions (see your offer letter) require work at irregular hours, e.g. nights and weekends, overtime, alternating shifts, and working conditions, including working outside, during challenging weather conditions (heat/cold), or in hazardous environments. The work sites are loud. Some overtime may be required to accomplish work demands in a timely manner (overtime hours worked are paid to nonexempt employees a one-and-a-half times their hourly pay rate).

Disclaimer:

This job description in no way states or implies that these are the only duties to be performed by the employee(s) incumbent in this position. Employees will be required to follow any other job-related instructions and to perform any other job-related duties requested by any person authorized to give instructions or assignments. All duties and responsibilities are essential functions and requirements and are subject to possible modification to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbents will possess the skills, aptitude, and abilities to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or others. The requirements listed in this document are the minimum levels of knowledge, skills, or abilities. This document does not create an employment contract, implied or otherwise, other than an “at will” relationship. The company is an equal opportunity employer, a drug-free workplace, and complies with applicable ADA regulations.

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