Erica Herman Suing Tiger Woods to Nullify NDA Under New Federal Law

Erica Herman, the ex-girlfriend of Tiger Woods, is suing the professional golfer to nullify a nondisclosure agreement she signed when the pair started dating in 2017.^[0] Herman alleges that the agreement is “invalid and unenforceable” under a new federal law intended to protect survivors of sexual assault.^[1]

Herman is claiming the NDA shouldn’t be enforced due to the Speak Out Act, a federal law which prohibits the enforceability of an NDA agreed to before a dispute arises involving sexual assault or sexual harassment.^[2] In her legal documents, Herman argues that the NDA should be declared unenforceable and that she is “currently unsure what other information about her own life she may discuss or with whom.^[4][3]

In 2017, Herman and Woods signed the NDA, which was the same year they started dating.^[1] Herman had worked as the general manager at Woods' restaurant in Jupiter, Florida, and had worn a badge reserved for the girlfriends and wives of players at the Presidents Cup in New Jersey in 2017.^[5]

In October, Herman sued Jupiter Island Irrevocable Homestead Trust, which is controlled by Woods, in circuit civil court in Martin County, Florida.^[6] She alleged that she was tricked into going on a short vacation, and that when she arrived at the airport, agents for Woods “told her she had been locked out of her residence” and would not be allowed to return.^[4]

The trust has requested that the court order confidential arbitration for the dispute in response to the lawsuit.^[7] The Non-Disclosure Agreement (NDA) between Woods and Herman stipulated that any disputes between them should be settled through arbitration. Nevertheless, Herman sued the trust instead of Woods in order to bypass this requirement and “to gain an advantage by taking her disputes with Woods to a public court.”^[7]

Herman is looking to the court for clarification due to her confusion regarding whether or not she is able to reveal information that leads to a variety of legal claims she believes she holds.^[8] She is not certain what other details from her life she should share or with whom.^[3][4]

Herman is now seeking up to $30 million in damages as well as restitution for $40,000 cash she claims was misappropriated from the property upon her eviction.^[4] She also claims she deserves more than $30 million because of the ‘substantial monthly rental value' of the home.^[9]

Reps for Woods and Herman didn't immediately respond to The Post’s request for comment over the nasty legal battle.^[4]

0. “Tiger Woods ‘splits with Erica Herman' and faces NDA legal row over sexual harassment clause” The Mirror, 8 Mar. 2023, https://www.mirror.co.uk/sport/golf/tiger-woods-splits-erica-herman-29408303

1. “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/

2. “Right when it seemed like Tiger Woods was back on his game, his world will be turned upside down again” New York Post , 9 Mar. 2023, https://nypost.com/2023/03/08/tiger-woods-was-back-on-his-game-but-his-world-will-be-turned-upside-down/

3. “Tiger Woods' Ex-Girlfriend Sues to Void Non-Disclosure Agreement” Bloomberg, 9 Mar. 2023, https://www.bloomberg.com/news/articles/2023-03-08/tiger-woods-ex-girlfriend-sues-to-void-non-disclosure-agreement

4. “Tiger’s ex accuses him of shocking act, claims she’s due $30 million” Fox Sports, 9 Mar. 2023, https://www.foxsports.com.au/golf/tiger-woods-ex-accuses-him-of-shocking-act-claims-shes-due-30-million/news-story/d066bd3eedd153402de4baf17d2c64be

5. “Tiger Woods' Girlfriend Erica Herman Wants NDA Nullified, Citing Law for Cases of Sexual Assault” Yahoo Entertainment, 8 Mar. 2023, https://www.yahoo.com/entertainment/tiger-woods-girlfriend-erica-herman-174506560.html

6. “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/

7. “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

8. “Tiger Woods' ex cites sexual assault, harassment law to void NDA” SFGATE, 8 Mar. 2023, https://www.sfgate.com/sports/article/tiger-woods-nda-lawsuit-17827694.php

9. “Tiger Woods' ex Erica Herman claims in lawsuit she was tricked to leave home and subsequently locked out” Fox News, 8 Mar. 2023, https://www.foxnews.com/sports/tiger-woods-ex-erica-herman-claims-she-was-tricked-leave-home-subsequently-locked-out-october-suit