In April 2013, a Virginia court determined that Mann‘s emails were exempt from disclosure under VFOIA‘s exemption for public university documents „of a proprietary nature,“ holding that „proprietary“ meant „a thing owned or in the possession of one who manages and controls“ it.

ATI appealed the lower court‘s decision, and the Reporters Committee (joined by 17 media organizations) submitted an amicus brief, arguing that the decision set forth too broad an interpretation of „proprietary,“ and would actually exempt any university record from VFOIA. Specifically, ATI argued, „proprietary“ should mean information that provides its holder with a commercial or competitive advantage.