Erica Herman Seeks to Nullify Nondisclosure Agreement with Tiger Woods
Tiger Woods’ ex-girlfriend Erica Herman is seeking to nullify a nondisclosure agreement she signed when they started dating in 2017, arguing it is “invalid and unenforceable” under a new federal law. Herman has filed a lawsuit against Woods and his Jupiter Island Irrevocable Homestead Trust, which technically owns the mansion they once shared.
In the complaint filed in the Circuit Court of the 19th Judicial Circuit in Martin County, Fla., Herman alleges that the NDA is “not judicially enforceable in this case under the federal Speak Out Act,” which prohibits the enforcement of a nondisclosure clause or nondisparagement clause agreed to before a dispute involving sexual assault or sexual harassment. In her legal documents, Herman contends that the NDA should be deemed unenforceable. In the arguments, reference is made to the federal Speak Out Act, which prevents any NDA (Non-Disclosure Agreement) from being legally enforced in cases of sexual assault or sexual harassment before a dispute occurs.
Herman is seeking more than $30 million in damages, due to her anticipated five-year residency at the Residence and the significant monthly rental value of the property. In the filing, it is stated that people working for Woods and the trust have taken away Herman's possessions from the house and “taken illegally” more than $40,000 of her money.
No specific claims of sexual assault or harassment are made against Woods in the filing, however the cover sheet of the case suggests that allegations of sexual abuse are present.
According to the paperwork for the filing, Woods and Herman “had a long relationship” that was both professional and personal. The complaint states that Herman is “currently unsure what other information about her life she can discuss or with whom.”
Herman is hoping to leverage a payment from Woods in an amount that no arbitral forum would ever award, and is seeking a clarifying declaration from the court. It is stated in the motion that Woods and Herman had a connection that was both professional and personal that spanned over a long period of time. Herman states that she is uncertain what other details about her life she is willing to share and with whom.
Tiger Woods and his Jupiter Island Irrevocable Homestead Trust have filed a motion to dismiss Herman’s suit, arguing that after Woods “recently terminated the relationship, Ms.
0. “Erica Herman, longtime girlfriend of Tiger Woods, files for nullification of NDA, citing laws protecting survivors of sexual assault” CBS News, 9 Mar. 2023, https://www.cbsnews.com/news/tiger-woods-erica-herman-girlfriend-non-disclosure-agreement-nda-nullification/
1. “Tiger Woods’ ex-girlfriend seeking to nullify non-disclosure agreement” The Athletic, 8 Mar. 2023, https://theathletic.com/4288170/2023/03/08/erica-herman-tiger-woods-nda/
2. “Tiger Woods' ex-girlfriend fighting NDA, cites sexual assault law” Palm Beach Post, 8 Mar. 2023, https://www.palmbeachpost.com/story/sports/pga/2023/03/08/report-tiger-woods-ex-girlfriend-cites-sexual-assault-in-nda-fight/69985463007/
3. “Tiger Woods' ex-girlfriend has lawsuits against golfer and trust” East Idaho News, 9 Mar. 2023, https://www.eastidahonews.com/2023/03/tiger-woods-ex-girlfriend-has-lawsuits-against-golfer-and-trust/
4. “Tiger Woods' Ex Sues After She Was Booted From His Florida Mansion” The Daily Beast, 9 Mar. 2023, https://www.thedailybeast.com/tiger-woods-ex-erica-herman-sues-for-being-booted-from-his-florida-mansion
5. “Tiger Woods sued by ex-girlfriend Erica Herman in larger domestic dispute over home, money” USA TODAY, 8 Mar. 2023, https://www.usatoday.com/story/sports/golf/2023/03/08/tiger-woods-erica-herman-court-claims-ex-girlfriend-home-money/11428984002