I got this quote from a different website, I'll list the source as well http://vnboards.ign.com/warhammer_online_age_of_reckoning_general_board/b22997/106853017/p1/
Warning: Incoming wall of text but it's very interesting information in terms of consequences for breaking the NDA if you want to read on.
The following was taken from the bottom post at the source I listed, and it sounds spot on.
Does it have legal consequences? Yes. The breaking of the agreement, in and of itself, opens the person to *possible* consequences. If you are sued by a company for breaking an NDA, at a minimum you may have to retain a lawyer. And at today's fees for attorneys, simply being sued and having to defend the lawsuit can prove very expensive.
Does the NDA-holder need to prove serious financial harm in order to win the case? No. The financial harm the company has or will suffer based on the breach is an issue that goes to any damage claim the holder of the NDA might seek from the person that breaks the NDA, it really has no bearing on whether the NDA-holder wins the case unless the NDA was written really badly. Most NDA agreements have a clause that references a term like "serious financial harm" from an NDA so that the person that signs the NDA is acknowledging, by signing the agreement, that breaking the NDA can hurt the company. Does this mean the company is automatically "in the money" no but it serves as a bar for the NDA-breaker successfully arguing that "Gee Mr. Judge, I had no idea that my shooting my mouth off all over the Internet that the company's widgets are defective could hurt the company!" Again, it's no guarantee but its harder for the NDA-breaker to claim ignorance, plead forgiveness, etc. So, if a case goes to court and even if the company is awarded a minimum damage award the person who broke the NDA has probably spent a lot of time and money involved in the suit. That cost can add up to be more serious than any damage award the company might get.
Is it likely that a person is going to get sued by a company for breaking an NDA? Depends on a host of factors which for obvious reasons, I won't go into here.
Do I know what I am talking about? I think so. As both a ex-lawyer and someone who has been hip-deep in this stuff for a while, I have a pretty good idea of what I am talking about.
Now, in reality, does this mean that every NDA-breaker is going to get sued by every NDA-holder? Of course not. But, if a company wanted to sue an individual who broke an NDA, that individual would be forced to spend time and money defending himself. And since the person would be a defendant, and not a plaintiff in the case, it would be almost impossible to get an attorney to represent that person on what is known as a "contingent fee" basis in which the lawyer eschews payment from the client in exchange for a piece of the damages or some other free representation. Not impossible mind you but not easy either. That means unless that person can find someone else to represent him for free (or the person is a lawyer himself) that at a minimum that person will have to spend a significant amount of time and money.
So, that's my opinion. It's not legal advice, a threat or anything else but anyone who thinks that NDA-breaking is something that can never come with a penalty for the NDA-breaker, I wouldn't count on it. And just because you, me or anyone else might not have seen an NDA-breaker being pursued is not relevant. Just because you haven't seen it doesn't mean it hasn't happened and I know for a fact that NDA-breakers have been pursued outside of the game world.
Oh, and I'm not talking about journalists, recipients of NDA-breaking information, how different jurisdictions treat NDAs, etc. I am simply confining my comments to those who sign and then break an NDA. I am also not talking about, even in a roundabout way, the chances of winning, possible defenses (age, etc.) or anything like that. The question of "Does NDA breaking have legal consequences" is a clear yes most of the time. But again, there is a big difference between possible legal consequences and outcomes.
For me, this subject is simple for me. The person who signed the NDA promised not to speak about anything they saw in exchange for special access to information/product/etc. By posting any information about what they saw, they are breaking that promise and that agreement. We can argue forever whether an NDA is necessary, good, helpful, the free flow of information, breaking an NDA to right a true wrong, etc. but the bottom line is simple, the person made a binding promise and then broke it. When companies make binding promises and break them, the Internet lights up, railing against the injustice of the company, how evil it was, how dare it break a promise to the person! Why is this any different, especially when we are talking about NDA for a game in development?