Tiger Woods and the Breakup Fake-ation: Latest Lawsuit Could Set Historic Precedent
Erica Herman has filed two lawsuits against former partner Tiger Woods and his Trust in the wake of their split last October. The former girlfriend of the golf icon is seeking both financial compensation and a release from a nondisclosure agreement signer by her at the beginning of their relationship.
Herman is seeking release from the NDA on account of a new provision – known informally as the Speak Out Act. Passed by Congress in November 2022 and signed into law by President Biden in December, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is designed to protect the rights of victims of sexual harassment or sexual assault. In other words, an NDA can potentially be invalidated based on accusations of sexual harassment or assault.
While headlines in the wake of the filing focused on the shocking suggestion of potential sexual harassment or sexual assault allegations, the truth remains at question.
Woods and Herman were in a relationship for almost six years, during which she was often seen by his side and in the company of his children at public events, including the majors. Documents claim that the couple broke up last October, at which time Woods allegedly had her locked out of the mansion the two had shared.
Herman initially filed a lawsuit last fall in the Circuit Court of the 19th Judicial Circuit in Martin County, Florida, against the Jupiter Island, Florida, homestead trust which Woods controls, seeking damages of $30 million. In that lawsuit, Herman claimed she had secured an “oral tenancy agreement” to remain in the home for an additional five years after the breakup. She also suggests that the trust misappropriated $40,000 in cash that belonged to her, making “scurrilous and defamatory allegations how she obtained the money.”
In the lawsuit, Herman claims that the “duties that were performed by, and expected of, [Herman] were extensive and of an extraordinary nature in light of the overall circumstances and environment in which she lived.”
Herman claims that she was locked out of the house through “trickery” of agents of the trust, who — Herman claims — “convinced the Plaintiff to pack a suitcase for a short vacation and, when she arrived at the airport, they told her she had been locked out of her residence, in violation of the oral tenancy agreement and in violation of Florida law.” Herman then alleges that Woods’ agents put her up in a hotel room and “without legal counsel to aid in her in this emotional moment, … utilized a lawyer to confront her with proposals to resolve the wrongdoing they were in the midst of committing.”
The trust has responded to these allegations by contending that Herman attempted to escape the Non-Disclosure Agreement (NDA) by suing the trust rather than Woods himself, a move the Woods’ trust argues is an attempt to "gain leverage by litigating her disputes with Mr. Woods in a public forum." The trust was established in 2017, with Woods and his children as its beneficiaries and Woods’ Jupiter Island home as its sole asset.
“Ms. Herman alleges she negotiated the oral tenancy agreement with an ‘agent(s)’ of the trust. In reality, Ms. Herman was invited to live in the Residence while she was in a relationship with her former boyfriend, Eldrick Woods, who continues to live in the Residence with his two children,” the trust said in a motion seeking to force arbitration. “After Mr. Woods recently terminated the relationship, Ms. Herman was advised that she was no longer welcome in the Residence.”
Herman is seeking damages in excess of $30 million, given her expected residence at the home of an additional five years and the “substantial monthly rental value of the Residence.”
In a separate lawsuit filed against Woods directly, Herman seeks release from an NDA she signed at the outset of their relationship in 2017. That NDA, while heavily redacted in court documents, required any disputes between Woods and Herman be resolved via arbitration.
Herman invoked a new provision — informally known as the Speak Out Act — seeking release from the NDA. Passed by Congress in November 2022 and signed into law by President Biden in December, the Ending Forced Arbitration of Sexual Assault And Sexual Harassment Act of 2021 is designed to protect the rights of victims of sexual harassment or sexual assault. In other words, an NDA can potentially be invalidated based on accusations of sexual harassment or assault.
The Speak Out Act defines sexual assault as “nonconsensual sexual act or sexual contact” and defined sexual harassment as conduct that meets harassment standards “under applicable federal, tribal or state law.”
Herman’s lawsuit specifically does not indicate that Woods committed sexual assault or harassment. Instead, the lawsuit seeks to use the Speak Out Act to release her from the NDA.
“Because of the aggressive use of the Woods NDA against her by the Defendant and the trust under his control, the Plaintiff is unsure whether she may disclose, among other things, facts giving rise to various legal claims she believes she has,” Herman’s filing states. “She is also currently unsure what other information about her own life she may discuss or with whom. There is therefore an active dispute between the Plaintiff and the Defendant for which the Plaintiff needs a clarifying declaration from the court.”
Because the Speak Out Act is so new, courts have yet to decide on the issue at this time. However, if Herman has facts to back up her claims, she could very well be released from the NDA, which could set historic precedent for others in her position.