Jay Koenigsberg, Co-Managing Shareholder, Carlton Fields

Invest: spoke with Jay Koenigsberg, co-managing shareholder at Carlton Fields, about how the firm is scaling with South Florida’s growth, where legal demand is rising, and how leaders are weighing technology in high-stakes work. “Florida has encouraged development in many ways, and if you are not aware of those tools, you are not really utilizing all of the opportunities available for development in Florida,” Koenigsberg said.

How has Carlton Fields strengthened its presence in Miami and South Florida to support the region’s expanding business community?

Carlton Fields has been here for a long time, so expanding is an interesting word for us. The firm was formed in 1901, and this year marks our 125th anniversary. We are an organic national law firm. We started in Tampa, our largest office is in Tampa, and our second-largest office is Miami.

We cover the state, and as Florida has grown, our presence has grown with it. Over time, that has meant building and deepening practices that match the state’s needs, including real estate development, banking, and healthcare. Healthcare is a huge part of the firm’s work. We represent hospitals, doctors, and physician groups. We also do insurance work, construction, and litigation, among other areas.

Miami has grown in its real estate activity and in its business transactions work, and our office has grown in those ways. At the same time, you do not necessarily have to be physically in Miami to support the Miami market. Because we have offices around the country, we have lawyers from other locations supporting our South Florida practice every day.

What industries are driving the most legal demand in South Florida, and how is the firm positioning itself to serve these emerging or increasing industries?

South Florida is growing, but the core business drivers have been consistent for a long time. The heart and soul of Miami business has been real estate and finance, and that continues to be true.

I have been in Miami for 45 years. I came down to Miami to go to law school, and I have been practicing here since 1984. Historically, finance in Miami was fueled by money coming from South and Central America, paired with real estate investment. That continues to be central to the market.

In addition to that, healthcare remains a critical component. Technology has also become more prominent. We have a thriving practice supporting business development for Miami startups and Miami-based companies that are involved in technology.

When people talk about technology in South Florida, it can include crypto and other fast-moving sectors. From a legal standpoint, the fundamentals still matter most. These businesses still require the core building blocks of transactions and ownership: mergers and acquisitions, intellectual property, and the rights and obligations that exist in any business. Whether a company is focused on crypto, AI, or another emerging area, it is still operating within established frameworks for growth, expansion, governance, and, ultimately, sale or exit.

Tourism and hospitality are also important here, and that has expanded beyond traditional hotels. Hospitality today also includes restaurants and entertainment, and that is an area where we continue to see meaningful demand.

How is Florida’s evolving business climate influencing legal strategy for companies relocating or expanding operations in the state right now?

There is one issue that is affecting everyone across sectors right now, and that is technology, particularly artificial intelligence and how it is impacting the practice of law and how we do our jobs.

We do not endorse the use of generative AI for legal work product at this time. That includes anything involving legal research or original thinking. Those are areas where judgment, accountability, and precision matter, and where the risks of relying on large language models are not acceptable for the kind of work we do.

That said, technology does offer meaningful efficiencies in certain contexts. In large commercial transactions, there are many documents that have to be reviewed and organized. In litigation, especially in complex matters, technology can help manage large volumes of information. For us, the most practical use of AI has been much more traditional: database sorting, information access, and process efficiency, rather than anything that resembles a chat-based large language model approach.

What legal considerations should companies keep in mind when establishing headquarters or regional offices in Miami?

One of the realities of doing business in Florida is that the barriers to entry are lower than in many other states. Florida has tried to make doing business easier, and it is often easier to do business here than it is in places like New York, Illinois, or Massachusetts. Florida also has structural factors that many businesses consider, including being a state without a state income tax.

Even with a more business-friendly environment, companies still have to address the laws like they would in any jurisdiction. Having good local counsel is important. The details matter, whether it is corporate structuring, employment, real estate, regulatory issues, or other considerations that vary by industry and by deal type.

What trends are you seeing when it comes to commercial litigation and dispute resolution across Miami and South Florida right now?

I am not a litigator, but I work with litigators every day, and what I see is not unique to Miami. Technology has changed how disputes are managed and how legal work is executed, including how teams meet, review information, and move cases forward. Artificial intelligence and related tools have also influenced how information is handled, though those impacts are still evolving.

How does Carlton Fields assist clients navigating cross-border transactions and international regulatory environments?

Miami has been a center for international and cross-border transactions for a long time, and we have lawyers in this office who have been doing this work for decades, including transactions involving Brazil and countries throughout South and Central America.

We also have a deep bench in international tax planning for inbound transactions, including a team of international tax lawyers who focus on clients coming into the United States to do business and on structuring issues that arise when capital and counterparties are in multiple jurisdictions.

What are the most pressing regulatory or compliance issues facing businesses operating in Miami and South Florida?

In many areas, Florida has less regulatory friction than other jurisdictions, but compliance still matters. If you are employing people, there are challenges around ensuring you are hiring individuals who are authorized to work here and that your employment practices are properly structured.

There are also some state-level restrictions that businesses and investors need to understand, including restrictions related to ownership of property by individuals who are subjects of countries that are considered countries of concern.

From a real estate standpoint, if you are buying and leasing property in Miami-Dade, there are compliance issues you need to be careful about. If you want to develop real property in Florida, it is essential to understand the opportunities the state, county, and local governments are making available now, including the Live Local Act. Florida has encouraged development in many ways, and if you are not aware of those tools, you are not really utilizing all of the opportunities available for development in Florida.