Tiger Woods’ former girlfriend, Erica Herman, has requested a South Florida court rule on the enforceability of a non-disclosure agreement.
The complaint, filed Monday in Martin (Fla.) County court, claims that the NDA between the two is not enforceable by arbitration under the Speak Out Act and the Ending Forced Arbitration of Sexual Harassment Act, a 2021 law that gives individuals who claim sexual assault or sexual harassment the chance to bring those claims to court and bypass NDA arbitration.
According to Jodi Balsam, a professor at Brooklyn Law School, Herman’s use of the acts means it is implicit she intends to plead sexual harassment and that she wants to bring those accusations in a public forum. Balsam also said the acts focus on a narrow form of conduct and that they’ve never been tested in court. The Speak Out Act, which prevents the enforcement of an NDA in instances of sexual assault and harassment, was signed into law in December 2022.
In the five-page request for a jury trial, Herman alleges that a trust controlled by Woods “has taken the position in litigation that the NDA is enforceable.”
“[Herman] is unsure whether she may disclose, among other things, facts giving rise to various legal claims she believes she has,” the filing read.
The complaint also requests the court determine Herman’s “freedom to disclose … her own experiences” and “photographs and recordings of herself and her family members.”
Monday’s filing follows another complaint that was filed by Herman last October accusing Woods of violating a residency agreement by “trickery.” Attorneys for Woods argued that Herman filed the suit against the trust to avoid arbitration, which is required under the NDA, and have filed a motion to have the case dismissed.
Herman was a regular companion of Woods in recent years, including last year when he was inducted into the World Golf Hall of Fame during The Players Championship.
Woods' agent, Mark Steinberg, did not immediately respond to a request for comment.
Story was updated March 9 at 4:31 p.m. ET to include analysis by Jodi Balsam.