If you're relying on a non-compete to protect your business, you're already behind.
In this episode, Emma Rainveille and Ryan Poteet expose the non-compete myth that many entrepreneurs still cling to—and why most of these clauses are now legally worthless. With the FTC’s proposed ban thrown into legal chaos and state-by-state rules changing fast, the truth is clear: non-competes aren't your safety net anymore.
This episode covers what is enforceable, how to legally protect your agency or team, and what employers still get wrong about trade secrets, non-solicits, and exits. Whether you're scaling, exiting, or just hiring your first key player, this is essential listening.
We cover:
- Why your non-compete clause probably won’t hold up (and what to use instead)
- When non-solicits are enforceable—and when they’re disguised non-competes
- The FTC’s April 2024 ban and August reversal: what’s actually enforceable now
- Legal ways to protect your agency, offer, IP, and team without “shackling” people
- The only time a non-compete has real teeth: post-exit restrictions for founders
- How to build contracts that protect your data, clients, and code legally
Timestamps:
- (0:00) You had them sign a non-compete... but it probably won't protect you
- (1:42) The FTC ban on non-competes: what happened in April and August 2024
- (3:21) Why state law still governs enforceability—and where the patchwork stands
- (5:00) Confidentiality, trade secrets, and what actually protects your IP
- (7:08) Non-solicitation clauses and client protections in 2025
- (9:04) What still works in court vs what will get tossed
- (11:12) Post-exit restrictions that hold more weight
- (12:58) Final thoughts and what to do next
Download the legal playbook that goes with this episode in the Visionary Vault — visit www.specialopspodcast.com to access our full archive of free frameworks, templates, and legal resources.
Explore Free Resources at the Visionary Vault:
https://specialopspodcast.com/visionary-vault
Get in Touch with Ryan Poteet:
Website: https://www.grsm.com/
LinkedIn: https://www.linkedin.com/in/ryan-poteet-43098ba
Get in Touch with Emma Rainville:
Website: https://specialopspodcast.com/
YouTube: https://www.youtube.com/@specialopspodcast
Instagram: https://www.instagram.com/emma_rainville512/
LinkedIn: https://www.linkedin.com/in/emmarainvilleoperationsguru
Popular Podcasts
Fudd Around And Find Out
UConn basketball star Azzi Fudd brings her championship swag to iHeart Women’s Sports with Fudd Around and Find Out, a weekly podcast that takes fans along for the ride as Azzi spends her final year of college trying to reclaim the National Championship and prepare to be a first round WNBA draft pick. Ever wonder what it’s like to be a world-class athlete in the public spotlight while still managing schoolwork, friendships and family time? It’s time to Fudd Around and Find Out!
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.
The Breakfast Club
The World's Most Dangerous Morning Show, The Breakfast Club, With DJ Envy, Jess Hilarious, And Charlamagne Tha God!