> people aren't even on the same page as to what the board is supposed to be independent of
In the U.S. they absolutely are. The SEC defines independent directors [1]. If the majority of a (Delaware corporation's) Board isn't independent, it opens up the company and even individual Board members to heightened scrutiny by the courts [2].
[1] https://www.skadden.com/-/media/files/publications/2022/02/t...
[2] https://www.faegredrinker.com/en/insights/publications/2022/...
You link to a skadden doc, not an SEC rule, and in that doc the first words are:
"Independence is neither a fixed condition nor a universal status for all purposes. " and goes on to talk about how complicated it is to even define and how it depends on who is defining it.
Your document makes my exact point, not yours. You are out of your depth.
> Independence is neither a fixed condition nor a universal status for all purposes
This is true of all law. That doesn’t mean “people aren't even on the same page as to what” it means.
> Your document makes my exact point, not yours. You are out of your depth
It doesn't and probably not. How many boards have you been on? Public companies? Non-profit? Have you litigated a shareholder lawsuit under Delaware law?
Go show this discussion to all the boards you apparently sit on.