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Mr. Berens, a founding partner of Dyer & Berens LLP, has prosecuted state and federal class action lawsuits for more than a decade, focusing his practice on shareholder, consumer and employment class action litigation.  Mr. Berens heads the firm’s case evaluation team which is responsible for the monitoring and investigation of possible securities and consumer law violations.  Mr. Berens also oversees the firm’s client development and public relations with the local community. 

Over the last eleven years, Mr. Berens has had primary responsibility for litigating class action lawsuits against FirstWorld Communications, Inc., Carrier Access Corporation, ICG Communications, Inc., One-Stop Wireless of America, Inc., Tuesday Morning, Inc., Transcrypt International, Inc., and Sport-Haley, Inc., among many others.  In 2002, he successfully argued to the Colorado Court of Appeals that the district court had erred in failing to allow thousands of victims of a nationwide boiler room fraud to band together and prosecute their claims in a single class action.  The Court of Appeals’ opinion in Toothman v. Freeborn & Peters, 80 P.2d 804 (Colo. Ct. App. 2002) established new law, making it more difficult for dishonest promoters to evade the reach of the securities laws.  Mr. Berens later won entry of a $75.3 million summary judgment against the alleged ringleader of the scheme.  Other significant highlights include class-wide recoveries in securities litigation involving Newmont Mining Corporation, Qwest Communications, Tele-Communications, Inc. (TCI), Quovadx, Inc., and Einstein Noah Bagel Corp.    

Mr. Berens attended Marquette University Law School, from which he graduated cum laude in 1996.  While at Marquette, he served as a judicial extern to the Honorable John L. Coffey of the United States Court of Appeals for the Seventh Circuit, and was a member of the Marquette University Law Review.  Mr. Berens received his undergraduate degree in business and accounting from the University of Wisconsin-Milwaukee in 1990.  Thereafter, he was employed as a corporate accountant for two years, during which time he passed the Certified Public Accountant examination.

Mr. Berens was admitted to the state bar of Wisconsin in 1996 and the state bar of Colorado in 1997.  He is also admitted to practice before the United States District Courts for Colorado and the Eastern District of Wisconsin, the Tenth Circuit Court of Appeals, and has been admitted to practice, on a case by case basis, in various state and federal jurisdictions throughout the country.  Mr. Berens is the author of Pleading Scienter Under The Private Securities Litigation Reform Act of 1995, which was published in The Colorado Lawyer in February 2002.  Mr. Berens is a member of the Colorado Bar Association and the National Association of Shareholder & Consumer Attorneys (NASCAT). 

When he is not practicing law, Mr. Berens enjoys spending time with his wife and two young children.  Mr. Berens is a recreational skier, backpacker, and outdoor enthusiast.  He has climbed dozens of Colorado’s Fourteeners (mountains over 14,000 feet in elevation) with his wife, who is an accomplished labor relations attorney and gourmet cook.