As first reported by TMZ, Herman alleges that Woods (through a private trust) has been trying to “aggressively” enforce the NDA as part of a larger effort to prevent her from speaking publicly about him or their relationship. Worth noting here is that while neither Herman nor Woods have publicly confirmed anything regarding the status of their apparently ended relationship, they haven’t been paparazzi-snapped together since last August when they were both in attendance for the U.S. Open Tennis Championship proceedings.
As seen in TMZ-reported court documents, Herman is asking a judge to declare that the NDA is not enforceable. To bolster her argument, Herman is reported to be pointing to the recently enacted Speak Out Act, which was signed into law by President Biden back in December.
The law, as detailed here, is designed to prevent the enforcing of either non-disclosure agreements or non-disparagement clauses when they are agreed to prior to disputes focused on allegations of “sexual assault or sexual harassment in violation of federal, tribal, or state law.”
When addressing the act having been signed into law last year, backers—including Rep. Lois Frankel of Florida and Rep. Ken Buck of Colorado, among others—said the legislation “should lead to safer and more productive workplaces and civic society.”
Wednesday’s report does not state that Herman has specifically accused Woods of assault or harassment; instead, it states only that she is citing the Speak Out Act in her effort to have the NDA formally rendered unenforceable.
Complex has reached out to a rep for Woods for comment. This story may be updated.