Tiger Woods’ NDA – Will It Hold Up To Ex-Girlfriend Erica Herman’s Legal Opposition?

Contributing author: Morgan Fraser Mouchette

Tiger Woods again finds himself in some personal trouble away from the links. Recent court filings show that Erica Herman, Mr. Woods’ longtime ex-girlfriend, is pursuing legal avenues to nullify their non-disclosure agreement (NDA) in light of an ongoing tenancy lawsuit between her and the golf legend’s team.

When the couple became official in 2017, Ms. Herman was asked to sign an NDA, a common practice amongst high-net-worth or high-profile individuals such as Mr. Woods. Not surprising given the extreme media scrutiny Mr. Woods faced in 2009 after news of his infidelity to then-wife Elin Nordegren leaked to the press. In the days that followed the leak, Mr. Woods was involved in a car crash and a tabloid frenzy of speculation as other women alleged that they too had been involved with the golf superstar.

In October of 2022, when Mr. Woods and Ms. Herman called it quits after almost six years together, Ms. Herman filed a $30 million lawsuit against a trust, Jupiter Island Irrevocable Homestead (“the trust”), owned by Mr. Woods, alleging she was wrongfully removed from the home she inhabited during the course of their relationship. According to Ms. Herman, “agents of the Defendant” asked her “to pack a suitcase for a short vacation” before revealing to her, upon arrival at the airport, that she had been locked out of the house. In response, the trust filed a motion for the court to dismiss with prejudice, alleging Ms. Herman’s claims were invalid as she was not a “tenant” of the residence under the “Residential Landlord Tenant Act.” They further argued that the NDA between the two required “confidential arbitration in all disputes,” which Ms. Herman was violating.

Ms. Herman is now attempting to nullify the NDA under the provisions of the federal Speak Out Act, Pub. L. 117–224, which “prohibits the judicial enforceability of a nondisclosure clause or non-disparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law.”

Although the terms of Tiger Woods’ NDA are not publicly available, NDAs in this type of situation typically include limitations upon publication in print media, broadcast media, internet, and social media of any disparaging information regarding either party’s marital, financial, or family affairs, or the publication of personal info. Parties are also generally entitled to an injunction, whether temporary or permanent, in the event that someone breaches confidentiality. In some cases, the NDA may cite provisions in which damages are outlined for violations.

Based on Mr. Woods’ lawyers’ arguments, his NDA also includes a clause prohibiting public court filings, which is common in celebrity agreements. However, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, Pub. L. 117-90, Ms. Herman would be permitted to forgo the arbitration agreements for a court proceeding should she be found a victim of sexual assault or harassment.

At this time, to avoid breaching the NDA, Ms. Herman has not publicly spoken out against Mr. Woods regarding any sexual assault or sexual harassment allegations, or any other personal details. However, should the court find her claims to be in accordance with the acts, she may be granted access to speak out publicly and proceed with the tenancy trial. These public filings may be a signal of Ms. Herman’s team attempting to increase pressure on Mr. Woods to make a payment to Ms. Herman, and potentially grant her access to some alleged $40,000 in assets she alleges were seized from her in the home that would otherwise be considered his separate property or to place pressure on him to resolve her tenancy suit.

Moving forward, the court will have a lot to decide regarding the validity of both sides’ arguments. Since the two were not wed, there are limited legal protections for cohabitants. The equitable distribution and support rights afforded to a married couple generally do not exist for cohabitants in most jurisdictions, and courts tend to stay out of matters between two parties who end a non-marital relationship. However, from an outside perspective, it seems unlikely that Mr. Woods’ team, at the outset of his relationship with Ms. Herman, would not have instilled protective measures to ensure a cohabiting girlfriend’s rights were limited, given his public status and history.

As for the NDA, the Florida courts will have to decide the extent to which these protections are valid. Society is becoming less accepting of limiting people’s ability to talk about personal experiences, especially in cases of sexual harassment. However, the purpose of an NDA is to allow one to live life privately and have relationships without fear of an ex’s monetization. That being said, a lot will come to light once Ms. Herman’s allegations are heard.

Legal Entertainment has reached out to representation for comment, and will update this story as necessary.

Morgan Fraser Mouchette, Partner in the New York City office of Blank Rome, handles complex matrimonial matters for high-net-worth and high-profile clients. She provides individuals and families with tailored and strategic support to navigate and move on from life’s most difficult outcomes, including divorce.