Tiger Woods’ ex-girlfriend wants Martin County court to nullify NDA

Court filing cites federal Speak Out Act as reason NDA ‘is invalid and unenforceable’
Tiger Woods, right with his daughter Sam Alexis Woods, left, and his girlfriend Erica Herman,...
Tiger Woods, right with his daughter Sam Alexis Woods, left, and his girlfriend Erica Herman, center, walk along the Colonnade following a ceremony where President Donald Trump awarded the Presidential Medal of Freedom to Tiger Woods at the White House in Washington, Monday, May 6, 2019. (AP Photo/Manuel Balce Ceneta)(AP)
Published: Mar. 8, 2023 at 10:20 PM EST
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The ex-girlfriend of Tiger Woods is suing to nullify a nondisclosure agreement that she claims the golf star forced her to sign when their relationship began.

According to a civil complaint filed Monday in Martin County, an attorney for Erica Herman argues that his client should not be held to the NDA, which she believes "is invalid and unenforceable."

West Palm Beach attorney Benjamin Hodas claims in the court filing that a trust controlled by Woods is using the NDA that Herman signed in 2017 against her "by commencing an arbitration against [Herman] based on it."

Hodas wrote that his client "is in current doubt about her and [Woods'] respective obligations, if any, under the Woods NDA."

He goes on to write that the "uncertainty is acute and important." Citing the "aggressive use of the Woods NDA against her," Hodas said Herman "is unsure whether she may disclose, among other things, facts giving rise to various legal claims she believes she has. She is also currently unsure what other information about her own life she may discuss and with whom."

Hodas argues that the NDA is unenforceable under the federal Speak Out Act, which prevents the enforcement of such agreements in instances of sexual assault or harassment.

Herman hasn't specifically accused Woods of sexual abuse, but the civil cover sheet filed by Hodas indicates the case involves allegations of sexual abuse.

Woods and Herman have been involved in an ongoing legal dispute since their relationship ended last year. The dispute is largely related to Herman's right to live in Woods' Hobe Sound home.

According to Golf.com, Herman filed a separate complaint against the Jupiter Island Irrevocable Homestead Trust, which Woods controls, 13 days after their October 2022 split.

Herman's most recent complaint seeks declaratory relief and a trial by jury to decide the matter.

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