National labor, employment, and cybersecurity law firm Constangy, Brooks, Smith & Prophete, LLP is delighted to announce David Middleton, Brett Swanson and Nicolas Tomas have joined the firm.

Middleton defends employers in a wide range of litigation matters, including employment-related disputes, wage and hour claims, and FEHA matters, as well as in administrative hearings, arbitration, and state and federal courts. He also counsels employers in making strategic business decisions, such as formulating workplace policies, commission plans, reductions in force, employee discipline, and more. He also conducts workplace investigations when complaints arise. Outside of his legal practice, Middleton is actively involved in his community, serving on the board of the Earl B. Gilliam Bar Foundation and the Metropolitan Area Advisory Committee. He is also a board member of the San Diego County Football Officials Association. He is located in the firm’s San Diego office.

Swanson is a member of the Constangy Cyber Team and is based in Philadelphia, Pennsylvania. She has extensive experience responding to data security incidents and actively facilitates necessary services to assist clients maintain or regain operations after a cyberattack.  As a member of our rapid response team, Brett works with forensics investigators, threat actor negotiators, and consumer notification and remediation firms to help clients safely and securely recover from incidents while complying with state and federal laws. She has experience responding to a variety of cyberattacks including business email compromises, network intrusions, ransomware and other extortionate attacks. She applies that experience by helping clients implement best practices within cybersecurity frameworks, including deployment of appropriate security controls and compliance with state and federal, contractual, and industry-specific notification obligations. Although Brett has worked with businesses in all sectors, she is a subject matter expert in education law and the Family Educational Rights and Privacy Act (“FERPA”).

Tomas is a Los Angeles-based attorney who focuses his practice on labor and employment litigation. With an extensive understanding of the California employment landscape, Tomas adeptly defends employers in wide a variety of industries against wage-and-hour class, representative, and collective action lawsuits under the Private Attorneys General Act (PAGA). In that capacity, Tomas regularly argues dispositive motions, resolves voluminous and complex class-wide discovery issues, and negotiates favorable settlements in high-exposure cases. Tomas has honed his in-depth litigation skills representing clients in state and federal courts across California, regularly obtaining favorable outcomes in class, representative, and collective actions ranging in size from hundreds to thousands of putative class members.


Constangy, Brooks, Smith & Prophete offers a wider lens on workplace law. We have counseled employers exclusively since 1946. With offices in 21 states, we are one of the largest labor and employment law practices in the U.S., with a growing Cybersecurity & Data Privacy practice group to match. Constangy has been named as a top firm for women and minorities by organizations including Working Mother MagazineLaw360, the National Law Journal and Many of our more than 200 attorneys have been recognized by leading authorities such as Chambers USA®, The Best Lawyers in America® and Martindale-Hubbell. Find out more about us online at

Back to Page