Follow The Yellow Brick Road

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.

• 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

• (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 

Most online business owners believe that buying a domain or designing a logo means their brand is protected. But in the eyes of the law, you don’t own your brand unless your IP is registered—and you’re actively policing it. In this episode of Marketing on Trial, Emma Rainville and FTC attorney Ryan Poteet break down how your most valuable business asset—your brand—is vulnerable to infringement if you skip key legal steps.

From domain myths to copyright blind spots to cease-and-desist strategies, this episode is a tactical walk-through of what really counts as brand protection in 2025. If you're building with exit in mind—or want to prevent expensive brand theft—start here.

We cover:

• Why domain ownership ≠ trademark protection
• The one legal move that makes or breaks an IP case
• What “policing your IP” actually means
• When to register: timing your trademarks and copyrights
• Common myths that leave founders exposed

Timestamps:

(0:00) Why your brand might not be legally yours

(0:40) What qualifies as intellectual property

(1:25) The truth about domains and trademarks

(2:10) Registering trademarks and copyrights the right way

(3:00) What “policing your IP” actually involves

(4:10) The importance of timing in IP protection

(5:15) How to work with IP attorneys

(6:30) Cease and desist, Schedule A cases, and brand enforcement tools

(7:40) Recap: Own your identity before someone else does

Get the free IP Protection Manual now inside the Visionary Vault: www.specialopspodcast.com

Own your identity. Guard your assets. Scale with confidence.

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 

Your “cancel anytime” could get you canceled. The FTC’s new Click-to-Cancel rule changes everything for subscription marketers.

Emma Rainville and Ryan Poteet break down the FTC’s new Click-to-Cancel mandate and what it means for businesses running continuity, membership, or auto-ship models. This rule doesn’t just tweak existing guidance—it forces businesses to make cancellation as easy as sign-up. If your funnel isn’t compliant, you're opening yourself up to lawsuits, fines, and consumer backlash.

Whether you’re a DTC brand, SaaS company, or marketer running continuity offers—this is your compliance wake-up call.

Policy update (July 16): The DOJ moved the implementation date once again. Stick around until the very end to get updated and how to stay compliant.

We cover:

• What the FTC now considers a deceptive cancellation process
• Where and how your “Cancel Subscription” button needs to appear
• The new standard for clear and conspicuous disclosure
• How Apple and other brands are setting the compliance bar
• Real examples of what not to do (like mail-in cancellation gimmicks)

Timestamps:

• (00:52) Why Click-to-Cancel is a legal minefield
• (03:28) What qualifies as “unavoidable” disclosure
• (06:44) Where your cancel link must live on your site
• (09:10) Why marketing “fairy dust” won’t save you from the FTC
• (12:33) The end of shady cancellation gimmicks (like snail-mail guarantees)
• (15:21) What your cancellation flow needs to look like now
• (18:19) Real risks: class actions, fines, and lost trust

Sign up to our Visionary Vault and download our free Click-to-Cancel Compliance Checklist at specialopspodcast.com. Stay ready. Stay Compliant!

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 

Receiving a Civil Investigative Demand from the FTC isn’t a lawsuit… but it might be worse if you don’t act fast.

In this episode of Marketing on Trial, Emma Rainville and compliance attorney Ryan Poteet break down the moment that sends shivers down any marketer’s spine: getting served a CID. From understanding what it actually means, to responding strategically within the tight 14-day timeline, this is a tactical walk-through of what happens, what not to do, and how to avoid turning an investigation into a full-blown lawsuit.

You’ll learn why panicking is the worst move, why legal hold procedures need to be immediate, and why old playbooks like “shut down the LLC” won’t save you anymore. Ryan also outlines the importance of meet-and-confer deadlines, rolling productions, and what the FTC is really looking for when they knock.

We cover:

• What an FTC CID really is — and how it differs from a lawsuit
• 
  
• Why 14 days is your most critical countdown
• 
  
• What “legal hold” means operationally (Google Drive, Slack, deleted calls)
• 
  
• Why direct response playbooks won’t protect you anymore
• 
  
• The dangers of ignoring preservation duties — even for contractors
• 
  
• What it means if your CID moves into a full investigation
• 
  
• How to work with the FTC without escalating the issue
• 
  

Timestamps:

(0:00) What is a Civil Investigative Demand?

(1:34) “Don’t panic” is legal advice

(3:10) Who gets a CID — targets vs third-party providers

(5:22) The 14-day clock and why you must respond with counsel

(8:04) Meet-and-confer and motion to quash tactics

(10:47) Legal hold: what to preserve and how

(14:20) Contractor drives, Slack messages, and customer service calls

(16:50) Confidentiality vs operational notification

(19:15) You can’t hide behind LLCs anymore

(22:00) What happens after you submit the documents

(25:03) CID vs litigation: which is the better outcome?

(27:11) Best case timeline: 2 years

(28:45) The real reason to take CIDs seriously

CTA:

Get our free CID Emergency Kit — designed with legal checklists and data preservation workflows to protect your business from day one. It’s in the Visionary Vault. Compliance isn’t optional, and silence isn’t a strategy.

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 

Your “cancel anytime” could get you canceled. The FTC’s new Click-to-Cancel rule changes everything for subscription marketers.

In this hard-hitting episode, Emma Rainville and Ryan Poteet break down the FTC’s new Click-to-Cancel mandate and what it means for businesses running continuity, membership, or auto-ship models. This rule doesn’t just tweak existing guidance—it forces businesses to make cancellation as easy as sign-up. If your funnel isn’t compliant, you're opening yourself up to lawsuits, fines, and consumer backlash.

Whether you’re a DTC brand, SaaS company, or marketer running continuity offers—this is your compliance wake-up call.

We cover:

• What the FTC now considers a deceptive cancellation process
• Where and how your “Cancel Subscription” button needs to appear
• The new standard for clear and conspicuous disclosure
• How Apple and other brands are setting the compliance bar
• Real examples of what not to do (like mail-in cancellation gimmicks)

Timestamps:

• (00:52) Why Click-to-Cancel is a legal minefield
• (03:28) What qualifies as “unavoidable” disclosure
• (06:44) Where your cancel link must live on your site
• (09:10) Why marketing “fairy dust” won’t save you from the FTC
• (12:33) The end of shady cancellation gimmicks (like snail-mail guarantees)
• (15:21) What your cancellation flow needs to look like now
• (18:19) Real risks: class actions, fines, and lost trust

Sign up to our Visionary Vault and download our free Click-to-Cancel Compliance Checklist at specialopspodcast.com. Stay ready. Stay Compliant!

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 

In this episode of Marketing on Trial, Emma Rainville and Ryan Poteet of Gordon Reese break down a legal time bomb hiding on your product pages: fake reviews. Whether it’s gifted products, “helpful” testimonial swaps, or syndicating five-star feedback across SKUs, the FTC’s new rule under 16 CFR Part 465 draws a hard line. And enforcement is heating up.

We dissect the difference between a review and a testimonial, expose review hijacking tactics that are now legally risky, and give you a review sourcing process you can actually defend. If your product relies on stars to convert — don’t miss this.

• What counts as deceptive under the FTC’s new fake review rule
• Why incentivized reviews = legal testimonials (and what that means)
• The difference between curating vs. suppressing UGC (yes, it matters)
• Disclosure placement: what “clear and conspicuous” really looks like
• A 4-part compliant review sourcing framework you can implement today
• 
  

• (0:00) Fake stars can earn you a real lawsuit
• (2:20) Why incentivized = testimonial, not review
• (5:45) What’s legal vs. illegal on Amazon, Shopify, and your own site
• (10:10) How to safely disclose material connections (FTC-style)
• (14:05) Review hijacking examples that will get you flagged
• (20:00) Building a compliant review sourcing process
• (25:45) How long do you need to keep review records?

Download the Get Compliant Review Guide free in the Visionary Vault — everything you need to audit your reviews and stay lawsuit-proof.

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 

In this tactical episode, Emma Rainville breaks down the WAVE Framework, a four-part strategic system built to help visionary entrepreneurs realign their personal life goals with high-growth business objectives.

With the year’s halfway point in full view, this session delivers a no-fluff reset on how to plan intentionally, stay focused, uphold your values, and actually execute what you said you would.

Emma walks you through the real-world application of WAVE (Written Vision, Absolute Focus, Values-Driven Future, Execution Plan), offering examples from her companies like Shockwave, Aftershock, and Seismic Wave. 

This isn’t just theory. It’s how her businesses run. Get inside her “breaker” methodology, learn why gratitude is a KPI, and why growth without a team development strategy is a recipe for burnout and regret.

We cover:

• How to create a 10-year written vision you’ll actually commit to
• What to check at the 6-month mark to stay operationally aligned
• The difference between goals and commitments—and why that matters
• Weekly team rituals that move the needle
• How to develop your team without losing focus on execution

Timestamps:

(0:00) Why entrepreneurs build businesses that block personal goals

(2:15) The WAVE framework overview

(4:10) Written Vision: What does your life look like in 2035?

(9:30) One-year commitments vs annual goals

(12:05) Absolute Focus: Staying true to your 2025 strategy

(17:45) Values-Driven Future: Hiring for alignment, not duplication

(23:15) Execution: How to break commitments into quarterly and weekly goals

(30:20) What a “breaker” meeting looks like and why it matters

(36:55) Growing your team while growing your business

Sign up now for the Visionary Vault at specialopspodcast.com to grab your free WAVE playbook and unlock more frameworks used by 7-figure operators.

Explore Free Resources inside the Visionary Vault:

https://specialopspodcast.com/visionary-vault

Get in Touch with Emma Rainville: 

YouTube: https://www.youtube.com/@specialopspodcast   

Instagram: https://www.instagram.com/emma_rainville512/  

LinkedIn: https://www.linkedin.com/in/emmarainvilleoperationsguru   

Discover why "everyone else is doing it" could cost you millions—and how to navigate the FTC’s aggressive stance on marketing compliance.

In this highlight episode, Emma Rainville and Ryan Poteet of Gordon Reese break down dangerous misconceptions about marketing regulations, influencer disclosures, and subscription billing practices, highlighting hidden risks that marketers frequently overlook.

Sign up to the Visionary Vault for every roadmap, tools, and resources that we drop in every episode. FOR FEE! https://specialopspodcast.com/visionary-vault

(07:20) Why common marketing practices might still land you in serious legal trouble.

(13:45) The critical elements of clear disclosures that protect against FTC enforcement.

(22:30) Real-world examples of compliant influencer promotions (and costly mistakes).

(29:55) Why truthful claims can still be considered deceptive.

(35:15) The "grandma test": a simple method to gauge your marketing’s legality.

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 

What is the real cost of indecision? This highlight episode breaks down risk, ops, and the rise of experiential buying.

In this Special Ops highlight drop, Emma pulls the sharpest insights from two elite operators: Perry Belcher and Jason Fladlien. Together they dissect the collapse of recorded information, rising decision fatigue, and how AI, trust, and fulfillment are reshaping the sales and ops playbook.

Buying a car can be tricky, from car care to car insurance, but it doesn't have to be. It's the same with business success, this is why we make these episode to pull the curtain on what it really takes to make a thriving business, whether it's care sales, concert tickets or digital products. You name it, and we unravel the game.

We everyone enjoyed these recent highlight episode installments.Watch out for new episodes coming soon!

As always, we invite you to sign up to our Visionary Vault—where you can download all the tools and books, and hacks that will help you scale your business. All for free! https://specialopspodcast.com/visiona...

We Cover:

(00:00) Why Recorded Info is Valueless — Perry opens by comparing recorded content to rotting bananas, explaining the experience premium.

(02:18) Decision Fatigue and Influencer Trust — How too many choices drive consumers to follow authoritative voices who simplify decisions.

(04:57) Concerts vs Digital Content — People pay $600 to watch a dot on a stadium stage and what that reveals about belonging and experience economics.

(08:03) Why Risk Reversal Must Include Energy — Perry details why most marketers over-index on money-back guarantees while ignoring energy risk.

(10:12) Conditional Coaching Offers — A breakdown of how layered unlocks protect margin while rewarding engaged customers.

(14:09) Fladlien on Fulfillment Risk — Jason emphasizes that risk reversal only works if operations can deliver the promise.

(16:45) The Marketing-Ops Handoff — When ops fails to support the pitch, the whole funnel crumbles, here’s how to prevent it.

(19:00) Future-Proof Offers in the AI Age — What Belcher and Fladlien are investing in now to hedge against commoditized info products.

Get in Touch with Emma Rainville: 

YouTube: https://www.youtube.com/@specialopspodcast   

Instagram: https://www.instagram.com/emma_rainville512/  

LinkedIn: https://www.linkedin.com/in/emmarainvilleoperationsguru  

Discover why "everyone else is doing it" could cost you millions—and how to navigate the FTC’s aggressive stance on marketing compliance.

In this highlight episode, Emma Rainville and Ryan Poteet of Gordon Reese break down dangerous misconceptions about marketing regulations, influencer disclosures, and subscription billing practices, highlighting hidden risks that marketers frequently overlook.

Sign up to the Visionary Vault for every roadmap, tools, and resources that we drop in every episode. FOR FEE! https://specialopspodcast.com/visionary-vault

(07:20) Why common marketing practices might still land you in serious legal trouble.

(13:45) The critical elements of clear disclosures that protect against FTC enforcement.

(22:30) Real-world examples of compliant influencer promotions (and costly mistakes).

(29:55) Why truthful claims can still be considered deceptive.

(35:15) The "grandma test": a simple method to gauge your marketing’s legality.

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