W. Bruce Shirk

W. Bruce Shirk is special counsel in the Government Contracts and Regulated Industries Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Shirk focuses his practice in the areas of government and construction contract law and litigation, including cost accounting issues, defense and aerospace contracting, Medicare and Medicaid contracting and related areas of law including Medicare coordination of benefits and data sharing requirements.

Mr. Shirk's litigation experience includes the conduct of trials and appeals, including bid protests and other complex litigation and related discovery proceedings, before Boards of Contract Appeals, various federal administrative tribunals and state courts, Federal District courts, the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Federal Circuit,. Mr. Shirk has represented both state and federal government entities in litigation and has served as an arbitrator in a number of construction arbitration proceedings under the rules of the American Arbitration Association.

His experience as a counselor includes review of contracts and provision of advice to clients in both the public and private sectors in negotiation and administration of contracts and grants; administrative prosecution of claims against the government and defense of civil claims and criminal proceedings brought or instituted by the government, including claims arising under the Medicare statutes and regulations; defense of claims against public sector entities; conduct of internal inquiries related to contract and regulatory compliance, the latter including government claims for reimbursement of Medicare payments. He has conducted assessments of the practical impact of the law on the conduct of business with the government for clients, working closely with experts in related fields such as cost accounting and data analysis to formulate recommendations for managers responsible for corporate decision-making and resolution of disputes; the establishment of compliance programs and advice and counsel to clients regarding pricing and cost accounting issues. Mr. Shirk has a special interest in the principles and implementation of internal controls in the context of performance of government contracts and grants.

Before joining Sheppard Mullin, Mr. Shirk was a partner at Powell Goldstein, where he was chair of Powell Goldstein's Government Contracts practice.  Prior to joining Powell Goldstein, Mr. Shirk was a partner in the firm of Seyfarth, Shaw, Fairweather & Geraldson (1979-1996), concentrating in construction litigation, government contracts counseling and litigation and health care contracting.  Mr. Shirk served as Lieutenant for the United States Marine Corps (Active Duty 1962 - 1966).

Education

• J.D., Harvard Law School, 1969
• B.A., Harvard College, 1962, cum laude

Admissions

• U.S. Court of Appeals for the Federal Circuit, 1996
• U.S. District Court for the District of Columbia, 1996
• District of Columbia, 1970
• Massachusetts, 1969
• U.S. Court of Federal Claims
• U.S. District Court for Massachusetts
• U.S. Supreme Court, 2006

Memberships

• Chairman, Public Contract Section, Health Care Procurement Law Committee, American Bar Association, 1994-1997
• Co-Chairman, Government Contract Section, Research and Development (R&D) Committee, Federal Bar Association, 1992-1994
• Chairman, Public Contract Section, Debarment and Suspension Committee, American Bar Association, 1985-1991
• Chairman, Public Contract Section, Socio-Economic Policies and Regulations Committee, American Bar Association, 1983-1985

Articles

• "California's Proposition 35: State Contracts for Professional Architectural and Engineering Services and the Federal Model for Competitive Sourcing," Andrews Litigation Reporter, Vol. 21, Issue 11, September 24, 2007.
• "Unintended Consequences: Is CMS April 5 Directive an Invitation to Carriers, Intermediaries to File Claims Under Contract Disputes Act, Stop Work, or Both?" BNA'S Medicare Report, Vol. 17, No. 21, May 26, 2006.
• "Workers' Compensation Coverage of Deployed Personnel Under the Defense Base Act," Andrews Litigation Reporter, Vol. 8, Issue 5, July 7, 2004.
• "Carriers, Intermediaries Need to Assess Benefits, Risks of Being MACs," BNA'S Medicare Report, Vol. 15, No. 20, May 14, 2004.
• "Homeland Security Update: The SAFETY Act Interim Regulations," Government Contract, May 10, 2004.
• "When Does A Contractor Claim Become A Receivable?" Construction Claims Monthly, Vol. 25, No. 2, February 2003.
• "Limitations on Government Contractor Liability After 9/11: Emerging Issues in the Context of Homeland Security," Andrews Litigation Reporter, Vol. 17, Issue 8, 2003.
• "Medicare Carriers Able to Recover Termination Costs, Even if They Terminate Contract," The Procurement Lawyer, Vol. 33, No. 3, Spring 1998.
• "The Health Care Financing Administration's Contracting Authority Under the Medicare Statute."
• "Allowability of Unsettled Overhead & Accounting System Review Costs," Government Contract Costs, Pricing & Accounting Report, Issue 91-9, September 1991.

Speeches

• "Potential Impact of the Pension Protection Act (PPA) on Medicare Contractors", Blue Cross Blue Shield Association: Senior Medicare Executives Conference, Washington, DC, June 2007