Responding to Student Borrower Defense to Repayment (BDR) Claims


Seth F. Gilbertson is a Senior Counsel at Bond, Schoeneck & King, PLLC and a member of the firm's higher education and labor practice groups. Before joining BSK, Seth spent 16 years at the State University of New York, where he specialized in labor, international programs, and all aspects of student affairs. Prior to SUNY, Seth clerked at the New York State Supreme Court, Appellate Division. In a previous life, he was the Mountain Manager of Apple Mountain Resort in Freeland, Michigan. He earned his B.A. from Saginaw Valley State University and his J.D. from Albany Law School, where he served as Editor-in-Chief of the Albany Law Review. He is active in both the New York State Bar Association and the National Association of College and University Attorneys, where he is a past recipient of the First Decade Award. 



Tery Gonsalves is a partner in the Litigation & Trial Practice Group and chair of Alston & Bird’s Education Team. He is a seasoned trial lawyer having tried more than 20 cases to verdict. He represents public and private schools, colleges, and universities, as well as clients across other industries, in a variety of matters, including complex litigation, government and internal investigations, and regulatory and compliance counseling. 

Tery has a comprehensive understanding of the federal, state, and accreditation issues facing education institutions. He previously served as Deputy General Counsel at a publicly traded proprietary education corporation, where he counseled clients in all aspects of the highly regulated education ecosystem. His clients include nonprofit and for-profit institutions he counsels on a myriad of issues.

Additionally, Tery has extensive experience defending claims arising under the False Claims Act (FCA) and high-stakes consumer class actions, including claims of consumer fraud, false and deceptive advertising, and unfair business and trade practices. He also has a nationwide practice defending class actions and individual claims alleging violations of various state and federal telemarketing laws, including the Telephone Consumer Protection Act (TCPA).

Tery also represents clients in front of multiple federal and state agencies, including the Department of Justice, Federal Trade Commission, Department of Education, U.S. Attorneys’ Offices, state attorneys general, and various state higher-education agencies and accrediting bodies.