Tagline: The Complexities of Non-Disclosure Agreements and Dispute Resolution
Introduction: Non-Disclosure Agreements (NDAs) are legal documents that restrict parties from sharing confidential information. In recent years, NDAs have gained significant attention due to high-profile cases involving allegations of sexual harassment and assault. Such cases have raised questions about the enforceability and ethics of NDAs, particularly in situations where the alleged wrongdoing goes unreported.
One such case involves golf legend Tiger Woods and his former girlfriend Erica Herman. In this blog, we will explore the complexities of NDAs and dispute resolution in the context of this case.
The Background: Herman and Woods allegedly signed an NDA on August 9, 2017. The NDA provided for binding arbitration in the event of any disputes arising from the agreement. However, Herman claims that she does not recall signing the NDA.
The case was brought to court by Herman, who filed a complaint against Woods for Declaratory Judgment on March 6, 2023. In her complaint, Herman suggested that she had experienced sexual harassment or assault and used the newly enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 to nullify the arbitration clause and NDA under the federal Speak Out Act.
Woods’s defense team is arguing that Herman must submit to arbitration and that the new federal statutes do not apply in this case. To support this argument, Woods’s CFO provided emails exchanged with Herman, indicating that she had been presented with an NDA draft in April 2017, requested some changes, and delivered a fully executed copy on August 9, 2017.
The Complexities of NDAs and Dispute Resolution: NDAs are complex legal agreements that can have significant implications for both parties. They can limit a person’s ability to speak out about certain issues, including allegations of wrongdoing. While NDAs can provide protection for confidential information, they can also be used to silence individuals and cover up harmful behavior.
In this case, Herman’s suggestion that she experienced sexual harassment or assault highlights the ethical concerns surrounding NDAs. The newly enacted federal statutes reflect a growing push to hold individuals and companies accountable for sexual harassment and assault, regardless of the presence of an NDA.
Dispute resolution is another complex issue that arises in the context of NDAs. The use of binding arbitration can limit a person’s ability to seek justice through the court system. While arbitration can be a faster and less expensive option for resolving disputes, it can also be less transparent and provide less protection for individuals.
Conclusion: The case between Tiger Woods and Erica Herman highlights the complexities of NDAs and dispute resolution. While NDAs can provide protection for confidential information, they can also be used to silence individuals and cover up harmful behavior. The use of binding arbitration can limit a person’s ability to seek justice through the court system. The newly enacted federal statutes reflect a growing push to hold individuals and companies accountable for sexual harassment and assault, regardless of the presence of an NDA. Ultimately, it is essential to consider the ethical implications of NDAs and dispute resolution and to ensure that individuals are not silenced or denied justice.