Tiger Woods stands on the sixth hole during the second round of the Masters golf tournament on … [+]
During his half-hour meeting with the press corps prior to the beginning of the 87th Masters, Tiger Woods, a five-time champion at Augusta National, sat before a microphone and answered several questions, ranging from how Woods finds “joyful moments” with golf these days, to what is needed to win back-to-back Masters titles.
“I don’t know how many more (Masters) I have in me,” Woods said early in his remarks.
But at no point during the media session was Woods asked about his legal imbroglio playing out in the 19th Judicial District of Florida — Martin County — in which Woods’ former girlfriend, Erica Herman, has filed two civil suits, one against Woods and another against a trust in which “Woods and his (two) children are the sole beneficiaries.”
The latter is a $30 million civil claim filed on October 26, 2022 that alleges an oral tenancy agreement was violated. According to the suit, Herman claims she was kicked out of the Hobe Sound, Fla. mansion owned by Woods’ trust even though she alleges she had “approximately” five years remaining to live at the residence.
In the other lawsuit — filed last month — Herman is suing Woods over “a purported Non-Disclosure And Acknowledgement Agreement dated August 9, 2017” that she allegedly signed, along with Woods, and which she now claims is “invalid and unenforceable.”
Herman’s attorney, Benjamin Hodas, also checked a box marked “Yes” for a question asking whether the civil case involved allegations of sexual abuse, according to one of the court filings. Herman cites two federal statutes in her claim to support her argument.
Woods’ attorneys, meanwhile, claim in court documents that both Herman and Woods, 47, “entered” into the NDA in 2017, and a copy of a NDA is attached to the motion which the defense attorneys claim shows both Woods’ and Herman’s signatures. Woods’ attorneys argue that Herman is bound by the language in the agreement, including that “any and all disputes, claims or controversies . . . of any kind or nature whatsoever” are to be resolved in a private arbitration.
“Ms. Herman is a not a victim of sexual assault or abuse sought to be protected by Congress when enacting the statute,” reads a motion filed by Woods’ attorney, John B.T. Murray Jr., of the firm Gunster, Yoakley & Stewart. “Rather, Ms. Herman is a jilted ex-girlfriend who wants to publicly litigate specious claims in court, rather than honor her commitment to arbitrate disputes in a confidential arbitration proceeding.”
Tiger Woods with Erica Herman at the 2019 U.S. Open tennis tournament.
It is not the first time Woods has used a NDA in a relationship with another woman, and the Herman matter shines a spotlight on these types of confidential agreements used by bold-face public figures or entities — whether they be former President Donald Trump and his 2016 campaign, convicted movie producer Harvey Weinstein or Major League Baseball.
Whether the individual signing a NDA takes on significant risk as a result of doing so, however, is up for debate.
“I do believe that NDAs are beneficial in certain circumstances,” said Rachel Uchitel, who was romantically involved with the then-married Woods in 2009 when the golfer’s extramarital affairs were exposed. “Like with certain companies you work for, to protect sensitive information. I do understand getting into a relationship with a high-profile person, and they want you to sign a NDA. But I do not condone signing a NDA after the fact when bad behavior happens — when you’re paid off.”
According to a 2021 New York Times story, Uchitel signed a NDA with Woods after the 2009 scandal erupted. She was represented at the time by famed civil and women’s rights attorney Gloria Allred. The Times story said Uchitel was to receive $5 million by signing the NDA, plus she would get an additional $1 million per year for three consecutive years.
But according to the story, Woods’ lawyers called for an arbitration hearing to ask for the $5 million back after Uchitel allegedly violated the NDA through a media appearance. Uchitel’s legal team, according to the Times piece, urged her to go into mediation with Woods rather than arbitration, arguing it was the best option for her to try and retain the $5 million. The story said her lawyers also advised that she drop the other $3 million amount that was part of the original NDA agreement.
Uchitel, 48, ended up winning a $600,000 award from Allred’s firm in a separate arbitration proceeding in 2014, according to the Times story, after her attorney was able to prove breach of contract and breach of fiduciary duty. Uchitel successfully filed for bankruptcy in 2019, according to the Times story.
“I can only speak from my experience — when you are asked to sign something to protect the bad behavior of someone else, you usually are not in good standing,” said Uchitel. “If you’re taking money from someone to protect their bad behavior, you usually need the money. Otherwise you would say, ‘People need to know you did these bad things.’”
Eddie Dominguez is a former Boston Police detective who later worked for MLB as a founding member of the league’s Department of Investigations. The DOI was established in 2008 on the recommendation of former Senator George Mitchell. But when Dominguez was fired by MLB in 2014 and presented with a NDA, he refused to sign it. He detailed the reasons behind that decision in the book, “Baseball Cop.”
Trump, who was recently indicted by a Manhattan grand jury on 34 felony counts, and his 2016 campaign reached a $450,000 settlement earlier this year stemming from a lawsuit over the campaign’s use of NDAs. Weinstein, the disgraced producer, reportedly used NDAs for years before his criminal convictions on rape and sexual assault.
But Allred said in an interview that NDAs can be a positive resolution even though, “it’s not one size fits all. The conditions in a NDA are negotiated.”
“Both sides are trying to buy peace,” said Allred. “But if there is a lawsuit – then it’s war. The (alleged) victim decides if he or she thinks a settlement is best. It’s their option. But any confidential settlement does not prohibit a person who enters into the settlement from filing a police report or testifying in the prosecution of an individual. Many don’t want to do that. They would like to have their privacy.”
Herman appears to be taking the opposite route, trying to steer the dispute with Woods into a public courtroom.
Benjamin Hodas, Herman’s attorney, and John B.T. Murray Jr., Woods’ main attorney in these two civil cases, did not return requests for comment. A hearing on the defense’s amended motion to compel arbitration is scheduled for May 9 before Circuit Court Judge Elizabeth Metzger in the Martin County Courthouse.
Woods made the cut at Augusta this weekend, but he is well behind the rest of the leaderboard. Once the Masters concludes, the 15-time golf major champion has a different battle that awaits off the links.
“When you find a vulnerable person and offer them things that sweeten that deal, it’s hard to say no for that person,” said Uchitel, who now has her own podcast and is writing a book. “For me, I lost credibility. I was the No. 1 story internationally. I didn’t have any other option. What you find out is that when you sign something like that, when you lose a sense of identity, the money, no matter how many millions, it’s not worth it.”
Source: https://www.forbes.com/sites/christianred/2023/04/08/at-the-masters-tiger-woods-plays-while-legal-fight-with-ex-girlfriend-erica-herman-unfolds-in-florida/