"Big data analytics are changing how lawyers find clients, conduct legal research and discovery, draft contracts and court papers, manage billing and performance, predict the outcome of a matter, select juries, and more. Ninety percent of corporate legal departments, law firms, and government lawyers note that data analytics are applied in their organizations, albeit in limited ways, according to a 2015 survey. The Legal Services Corporation, the largest funder of civil legal aid for low-income individuals in the United States, recommended in 2012 that all states collect and assess data on case progress/outcomes to improve the delivery of legal services. Lawyers across all sectors of the market increasingly recognize how big data tools can enhance their work.

A growing literature advocates for businesses and governmental bodies to adopt data ethics policies, and many have done so. It is not uncommon to find data-use policies prominently displayed on company or government websites, or required a part of a click-through consent before gaining access to a mobile app or webpage. Data ethics guidelines can help avoid controversies, especially when analytics are used in potentially manipulative or exploitive ways. Consider, for example, Target’s data analytics that uncovered a teen’s pregnancy before her father did, or Orbitz’s data analytics offered pricier hotels to Mac users. These are just two of numerous examples in recent years where companies faced criticism for how they used data analytics."

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