Defending Small Businesses Against AI-Generated Claims

Generative AI has made it effortless for non-lawyers to produce complaints, demand letters, and discovery requests that look formidable but rest on shaky legal footing. Small businesses are increasingly the targets. A single self-represented plaintiff can now generate the filing volume that once required an entire law firm—and the cost of responding falls squarely on the employer. Left unchecked, a high-volume, low-merit claim can pressure a business into settling simply to make it go away.

Moss & Byrnes is built to neutralize that asymmetry.

How we respond

The firm uses its legal-technology toolkit to triage these claims rapidly—flagging boilerplate AI-drafted allegations, fabricated or “hallucinated” case citations, and legally deficient theories at the outset, when they can be disposed of cheaply. Courts have grown impatient with AI-generated filings that cite cases which do not exist; we know what those filings look like and how to surface their defects fast.

Our approach to a low-merit claim is direct:

• Dispose of it early. Where a claim fails as a matter of law, we move to dismiss at the pleading stage rather than letting it bleed a client through months of discovery.
• Hold overreaching plaintiffs accountable. Where a filing is frivolous or relies on fabricated authority, we are prepared to seek sanctions and fee-shifting.
• Resolve, don’t capitulate. When resolution makes sense, our expected-value modeling tells us—and the other side—exactly what a claim is worth, so we settle on the merits, never out of nuisance pressure.

Why it matters for your business

The result is straightforward: small-business clients spend less defending against high-volume, low-merit claims, and resolve them faster—without surrendering to settlement pressure simply to make a nuisance disappear. The firm’s trial-ready credibility works in reverse here; opponents know that if a claim against our client lacks merit, we will take it to a judge.