Not quite on topic, but a funny-but-no-so-funny story found while searching on this topic:
A great example of the enforceability of settlement agreements that contain confidentiality agreements is the Gulliver Schools1 case out of Florida. There, Patrick Snay, the former headmaster of a private school, brought a claim for age discrimination. The case settled, and Snay was to be paid $80,000. However, the settlement agreement included a confidentiality agreement. Before he received his settlement proceeds, Snay breached the confidentiality clause of the settlement agreement by informing his daughter that he had settled with the school. And how do we know that?
Well, Snay’s daughter was kind enough to post a snarky comment about the school on Facebook (which included a reference to Gulliver Schools paying for her trip to Europe and the parting shot: “Suck it.”) When the school learned of the Facebook posting, it refused to pay. Although the trial court had ruled in favor of Snay (who had brought a motion to enforce), the Florida Court of Appeals agreed with the school and reversed. The Florida appellate court found that the bottom line was that the confidentiality clause was clear and unambiguous, it was breached, and disgorgement was the articulated remedy. So goodbye $80,000.
So I guess Gulliver Schools did suck it, sucking back the nice sum of $80,000.That's an interesting aspect of non-disclosure agreements - no family.