Seeking both financial compensation and a release from a nondisclosure agreement, Erica Herman has filed two lawsuits against former partner Tiger Woods and his holdings in the wake of their breakup last fall.
While the initial headlines in the wake of the filing focused on the lurid suggestion of potential sexual harassment or sexual assault allegations, the truth remains hidden for the moment.
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.” “Ms. Herman alleges she negotiated the oral tenancy agreement with an ‘agent’ 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 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.
“It’s a serious allegation that she’s making,” Anulewicz says. “She’s got to have something to support it.” An NDA would not bar an individual from filing a sexual assault or harassment lawsuit directly. “Typically NDAs do not limit your legal rights to pursue legal rights in court or to report crimes to authorities,” Anulewicz says. “You just cannot talk about them outside the court. There may be a protective order barring public review of the information.”
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