Mark A Mcintosh

McIntosh & Otis is a New York City-based literary agency established in 1928 by Mavis McIntosh and Elizabeth Otis. The agency was formed after the founders departed their previous employment due to dissatisfaction with existing practices. Over the years, the firm grew into a respected entity, undergoing a merger in 1963 with Constance Smith Associates. Key figures like Patricia Schartle Myrer and Eugene Winick later led the agency, with current leadership held by Elizabeth Winick Rubinstein. McIntosh & Otis has managed literary estates and subsidiary rights for numerous authors. The agency has a notable history of representing authors such as John Steinbeck, handling his literary affairs for nearly four decades, including the sale of film rights for his works. They also represented Patricia Highsmith, though their professional relationship ended in 1979. The agency has faced legal challenges, including a lawsuit from John Steinbeck's family regarding commissions and a suit filed by McIntosh & Otis against a former agent, Samuel Pinkus, concerning client transitions and commissions.

McIntosh & Otis was founded in 1928 by Mavis McIntosh and Elizabeth Otis, who left their prior literary agency due to disagreements with its operational methods. They incorporated their own firm, which quickly gained a reputation for success by the early 1930s. The agency expanded its reach in 1963 through a merger with Constance Smith Associates, a New York firm. This integration led to Patricia Schartle Myrer, previously a partner at Constance Smith Associates, assuming the presidency of McIntosh & Otis. The agency continued to evolve, with Eugene Winick, a copyright attorney, becoming involved in the 1970s to manage literary estates. He eventually took over as President in 1984 after Myrer's retirement. In the 21st century, leadership transitioned to Samuel Pinkus, Eugene Winick's son-in-law, in 2001, though he departed in 2004. The agency is currently led by Elizabeth Winick Rubinstein, Eugene Winick's daughter.

McIntosh & Otis has a significant history of representing prominent authors. John Steinbeck began his relationship with the agency in 1931, based on a recommendation, and remained with them for almost his entire career. The agency managed various aspects of his literary career, including selling film rights for his novel 'East of Eden' to Warner Brothers in 1952, which resulted in a 1955 film adaptation. Steinbeck expressed his gratitude for their support by sharing a portion of his Nobel Prize winnings with the agency. In more recent times, the agency re-sold film rights for 'East of Eden' to Universal Pictures in 2004, leading to plans for a film series. Patricia Highsmith also worked with the agency, initially with Patricia Schartle Myrer at Constance Smith Associates before the merger. However, Highsmith's dissatisfaction with commission rates led to her dismissal from representation by Myrer in 1979.

The agency has been involved in significant legal disputes. In 2004, the family of John Steinbeck initiated a lawsuit against McIntosh & Otis, alleging breach of fiduciary duty, fraud, and improper commission practices. A court ruling indicated that the family could not easily terminate the agency's representation due to a power of attorney document signed in 1983, which was determined to pass to heirs. The situation became more complex when it was revealed that the agents had not disclosed that the power of attorney had been returned by Elaine Steinbeck to John Steinbeck's son during her lifetime. The case proceeded to a summary judgment. Additionally, in 2013, McIntosh & Otis filed a lawsuit against former agent Samuel Pinkus. This action was related to a lawsuit brought against Pinkus by Harper Lee, who accused him of copyright manipulation. McIntosh & Otis sought commissions earned by Pinkus from clients he took after leaving the agency in 2004, eventually settling the matter later that year.