Erica Herman Files Lawsuit Against Tiger Woods and His Trust, Seeks to Nullify NDA

Erica Herman, the ex-girlfriend of Tiger Woods, has filed a lawsuit against Woods in an effort to nullify a non-disclosure agreement (NDA) she signed when the pair started dating in 2017.^[0] The complaint claims that the NDA is invalid and unenforceable under the federal Speak Out Act, which prohibits the judicial enforceability of an NDA agreed to before a dispute involving sexual assault or sexual harassment.

Herman is seeking to declare the NDA unenforceable due to the Speak Out Act, which provides an exemption in scenarios where there is evidence of sexual assault or harassment. She also alleges that agents of the trust have removed her personal belongings from the residence and misappropriated in excess of $40,000 in cash that belonged to her.

The lawsuit states that Herman was invited to live in the residence by Woods while they were in a relationship, but that she was told she was no longer welcome when Woods terminated the relationship.^[1] Herman claims that agents of the trust convinced her to pack for a vacation, and when she arrived at the airport, told her she had been locked out of her residence and would not be allowed to return.^[2] The trust has responded to the lawsuit by asking the court to compel confidential arbitration for the dispute.^[3]

Herman has also alleged that more than $40,000 in cash that belonged to her was misappropriated. She noted in the court filing that she has lived at Woods’ residence since he purchased the Florida property and “performed valuable services at the request of [Tiger’s] agents,” which was part of an “oral tenancy agreement” that allowed her to live there.^[1]

The lawyers of the trust state that, according to the Non-Disclosure Agreement (NDA) included in the filing, Herman has to resolve any issues with Woods through a confidential arbitration.^[4] Herman has chosen to take legal action against the trust instead of Woods himself, in order to have the claims heard in a “public forum”.^[5]

In her legal docs, Herman claims that her “uncertainty is acute and important” because of the “aggressive use” of the NDA against her by Woods and the trust. Woods and Herman started dating in 2017 when she was a restaurant manager at his The Woods Jupiter in Florida.^[6] The couple was also seen together in August 2017 at the U.S. Open in Queens.

0. “Erica Herman, longtime girlfriend of Tiger Woods, files for nullification of NDA, citing laws protecting survivors of sexual …” CBS News, 9 Mar. 2023, https://www.cbsnews.com/news/tiger-woods-erica-herman-girlfriend-non-disclosure-agreement-nda-nullification/

1. “Tiger Woods’ Ex Erica Herman Suing Athlete for $30 Million, Claims He Tricked Her Into Moving Out” Yahoo Entertainment, 8 Mar. 2023, https://www.yahoo.com/entertainment/tiger-woods-ex-erica-herman-174959425.html

2. “Tiger Woods girlfriend Erica Herman wants NDA nullified amid breakup” The Washington Post, 9 Mar. 2023, https://www.washingtonpost.com/sports/2023/03/08/tiger-woods-erica-herman-nda/

3. “Tiger Woods sued by ex-girlfriend Erica Herman in larger domestic dispute over home, money” Yahoo Sports, 8 Mar. 2023, https://sports.yahoo.com/tiger-woods-sued-ex-girlfriend-213155768.html

4. “Tiger Woods' Ex Says He Owes Her $30 Million for Locking Her Out of His Home Following Their Breakup” PEOPLE, 9 Mar. 2023, https://people.com/sports/tiger-woods-ex-says-he-owes-her-30-million-for-locking-her-out-of-his-home-following-their-breakup/

5. “Tiger Woods ‘convinced WAG to pack suitcase for holiday – then locked her out of house'” Daily Star, 9 Mar. 2023, https://www.dailystar.co.uk/sport/other-sports/tiger-woods-wag-duped-allegations-29410903

6. “Tiger Woods' Ex-Girlfriend Erica Herman Files to Nullify NDA Citing Sexual Assault Act” Entertainment Tonight, 9 Mar. 2023, https://www.etonline.com/tiger-woods-ex-girlfriend-erica-herman-files-to-nullify-nda-citing-sexual-assault-act-200501